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Pre-Existing Conditions and Iowa Motorcycle Accident Claims

Posted By Pressley Henningsen - 05.20.20

You are still entitled to fair compensation, even if your pre-existing condition was made worse by a serious Iowa motorcycle accident.

For example, let’s say that you had some degenerative disc disease in your back before the crash.  During the crash, you suffer three herniated discs.  You will need to prove that the accident, and not degenerative aggravated or made your pre-existing conditions worse.

It’s not easy to prove that your conditions were aggravated by the crash.  That is why it is so important to see a doctor as soon as possible after the accident and keep seeing your medical providers until you’re healed. Those medical records will be the proof you need to show that your injuries were caused by the accident.

Don’t pretend to be in perfect health before the crash if it is not true. If it is later discovered you were not completely truthful about your health, the insurance company could say you were not telling the truth about how badly you were injured.

Giving a Recorded Statement to an Insurance Company is Not a Good Idea

After a serious motorcycle crash, you are likely recovering from significant injuries. If you suffered a traumatic brain injury, for example, you may not remember the accident details clearly.  If you are asked to give a recorded statement to the other side’s insurance adjuster, you can, and should, refuse to do so. Speak with an experienced Iowa motorcycle accident lawyer first before making any statement to any insurance company.

Other Unfair Insurance Company Tactics Used on Injured Iowans

The other side’s insurance company may also ask you to sign a medical release form.  They may suggest doing so will get your claim paid faster. Their release form will likely ask to obtain copies of medical records. This form can be as broad as requesting records five to ten years before the accident.

The insurance company will then comb through these records and attempt to use them to get out of paying you a fair settlement for your injuries.

Do not sign any paperwork until you have spoken with an attorney.  While you do need to provide medical bills and records to support your claim, you are not required to share all of your health information with any insurance company.  An Iowa personal injury lawyer will make sure the other side only gets the information they need.

If you want to protect yourself against tactics insurance companies use against motorcycle accident victims, download a free copy of the Law Guide to Iowa Motorcycle Accident Claims.

Settling Your Iowa Motorcycle Accident Claim

You have two years from the date of the crash to either settle your claim or file a lawsuit.  This is known as the statute of limitations.  That does not mean you should wait until those two years have nearly passed before contacting an attorney, however. Motorcycle crashes are complex cases, and it can take six months or more for an attorney to review your records and see if you have a claim. As soon as you are able, reach out to a lawyer for a free case review.

RSH Legal offers a free, no-obligation case evaluation to Iowans seriously injured in motorcycle crashes. If you would like to schedule a consultation, call RSH Legal today at 1-800-433-0283.

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