I was rear-ended and the other driver was issued a ticket. I was injured... What can I do?
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I was rear-ended and the other driver was issued a ticket. I was injured, I immediately felt pain in my neck and down my right arm. Since the accident I have had surgery, physical therapy, and currently take medication for pain and stiffness. The doctors I have seen all say the accident didn't cause my condition, rather the accident aggravated it. I did not know I had any condition until I was rear-ended. The other driver's insurance is minimal, and will not be enough to cover my medical bills. I have a good underinsured motorist policy, but my insurance is denying me those benefits claiming I had a pre-existing condition. What can I do?
Chicago Personal Injury Attorney Answer
Unfortunately, this is not an uncommon story.
You suffered a serious injury requiring surgery, physical therapy, and an ongoing recovery. The defendant does not have enough insurance to cover your medical bills, much less the pain and suffering you have endured and the future pain and suffering you will endure.
In most states, the collection of the other driver's minimal insurance policy should be a prerequisite to then pursuing your own underinsured motorist coverage.
As for your pre-existing condition that the doctors' say was aggravated by this accident, in most states, that would not significantly harm your claim – if you have a good personal injury lawyer.
In Illinois, we have a rule called the "egg shell" rule. To summarize the rule: if you are susceptible to an injury due to a weakened condition or a pre-existing condition that makes you more likely to be hurt, then the defendant must pay for all injuries caused by their aggravating of those conditions.
The problem here appears to lie with the underinsured motorist case.
It would be in your interest to speak with an Illinois automobile injury lawyer in Illinois who understands underinsured motorist coverage.
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Clifford W. Horwitz
Clifford Horwitz is a principal partner and lead trial attorney at Horwitz, Horwitz & Associates. Cliff has devoted his entire career to achieving justice for those who have been victimized by corporate negligence. He has won numerous record-setting jury verdicts and settlements, as well as the highest personal injury verdict in Illinois history.
