Prior Injury Claims: Will the insurance company hold it against me?

Posted on 11/29/13

Prior Injury Claims: Will the insurance company hold it against me?

Unfortunately, many people are involved in multiple auto accidents, motor accidents, slip and falls, or other accidental mishaps throughout their lives. Depending on the severity of the injuries and damages, some people decide to seek assistance in dealing with insurance companies to receive an appropriate award for damages. When they first come to me for consultation on their personal injury case, many are hesitant in revealing their entire claim history. Frequent questions we get here are: “If I had a prior injury claim, will that affect my current injury claim? Will insurance companies hold a past claim against me?”

It is a common myth that prior injuries claims will always have a negative affect on a current personal injury case. This is not true! A new case is NOT automatically devalued just because you have filed an injury claim in the past.

Regrettably, some people are involved in many accidents that may not be their fault. Insurance companies will see multiple claims as an attempt to deceive them for more money. If you were genuinely injured from a new accident and want to file a claim, please read on.

You should never consider trying to hide a prior injury claim from the insurance company or from your attorney. Hiding a prior claim is nearly impossible these days. Insurance companies must report all claims they receive. Most insurance companies and their attorneys have the ability to see the database of records from past injury claims. Although you may think hiding a past injury will help your current case, it is advisable to be forthright with your past claims. One way or another it will be revealed in court.

Insurance companies will try to use the information they find in the database against you. They will raise suspicion about your credibility and make you seem like a phony in front of a jury. Being honest with your personal injury attorney will help him be able to defend you and your case against the insurance companies. The attorney will be able to prepare successfully with your past and current medical records and other documents that will show the authenticity of your case.

If you were involved in an accident that was not your fault and you sustained injuries, you should look into hiring an experienced personal injury lawyer to defend your rights to compensation. Insurance companies are skilled in knowing how to keep payouts low and you have the right to work with a knowledgeable personal injury attorney that will know how to play them at their own game.