Auto Insurance Claims: Auto Accident, neck muscle strain, spine area


Question
I was involved in an auto accident (was rear ended pretty badly) in FL 3 weeks ago.  The other persons insurance is accepting full liability (they pay 20%) and my insurance will pick up the 80%. When I gave my recorded statement, I told them I had no other injuries in the past because at the time I was only worried about my left leg and forehead (the main things that were injured in this wreck).  I followed up with my doctor a week ago and found out that some bones in my spine had shifted causing me some more neck pain.  I have had a back/neck muscle strain approx. 3 years ago in a work comp. claim (which I didn't mention b/c I didn't even really think I injured my back nor did I believe it was a big injury).  Can my claim be denied based upon me having that injury years ago - and now be needing physical therapy for my neck/back/spine area?  

Answer
Hi Tiffani,

They should not deny the claim outright, but, they may try to reduce the amount they will have to pay since this is an exaserbation of a pre-existing condition and not a totally new injury caused solely by the collision.  Your doctor will be best suited to write a clear report indicating the severity of the injury caused by the collision.

I hope this helps
Richard Hixenbaugh