I was injured in a car accident. I was still treating for that accident when I got into a second car accident. Neither accident was my fault. The second accident aggravated my injuries from the first crash. How do I handle this with the insurance companies for the other drivers?
If you suffered the same injuries in two back-to-back car accidents, that can complicate both claims. As to all medical treatment received after the second accident, the defendant’s insurance carrier in the first accident will likely contend that treatment is due to the second accident. And the defendant’s insurance carrier in the second accident will likely attempt to point the finger at the first accident as being the cause of all of your injuries and need for treatment.
Our advice: make sure you report the second car accident to your doctor right away. Be up front with your doctor. Don’t hide the fact that you were in a second accident. The insurance company will likely find out about the second accident anyway. If it’s not in the medical records that you reported the second accident to the doctor, it will appear to the adjuster as if you were attempting to hide it from your doctor.
Make sure to tell your doctor how your prior injuries were made worse by the second accident, and tell your doctor about any new injuries.
When we are representing a client who was in back-to-back accidents, with overlapping injuries, at the conclusion of treatment after the second accident, we ask the doctor to write a report which apportions the injuries to each accident. What percentage of each injury was due to each accident? Then we will often write one settlement demand letter, covering both accidents, and send that letter to both insurance carriers. Then we negotiate settlement of both claims at the same time.
If you have been injured in back-to-back auto accidents that were not your fault, you are welcome to call us for a free consultation.