Auto Insurance Claims: Insurance liability being denyed, claims advice, claim help

Question
Hi, my fiance and I were in a MVA about 2 years ago.  I was driving and a van ran a stop sign and we hit them in the passenger side.  It was ruled that the accident was the other drivers fault.  I have settled my claims with the insurance company, but my fiance had to have surgery and missed about 3 months of work, so he got a lawyer to file his claim for him.  Now he has been released from the doctors for about a year and he has been back and forth with the lawyers office makeing sure they have everything they need to settle his claim.  And now the lawyers office is calling him saying that the insurance company is denying his claim, due to something the surgeon wrote in his notes saying that the injury could have been there before the accident.  My fiance has never been to the doctor about his back and shoulders, there is nothing in his medical records or with any other doctors office records showing he has ever had an issue with this before.  And I was just wondering what could he do to show that this issue was caused by this accident?  Can they completely deny his claim just due to doctors notes?   Thank You, Dianna

Answer
 Hi Dianna,
You're asking me to answer a legal question. I can tell you from an insurance standpoint that
insurance companies and their lawyers will place as many obstacles in the way as possible.  It is your lawyer's job to be equally aggressive.  

Doctor's notes? Sounds weak to me, especially if he has no history.  Your lawyer knows this. From your description, it is unlikely that the notes will be sufficient to defend the denial. But insurance companies use these tactics to force people to either go away, or to file suit.  

So what if the insurance company denies the claim.  That's what your lawyer is for.  Just make certain you and the lawyer are communicating - and expect this to result in a lawsuit.  

Hopes this helps.

Jane Pytel
http://SolutionsForYourInsuranceClaim.com