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The Insurance Claims Adjuster Says That My Injuries are Pre-existing and/or Degenerative

A common tactic used by the insurance claims adjuster is to argue that a victim's injuries are pre-existing, especially if the injuries involve the neck and/or back.  Almost all of us have had some type of back pain in our lives.  This pain doesn't necessarily have to be due to trauma, such as a car accident.  Sporatic neck or back pain can be due to a sports injury, or just 'sleeping on your neck wrong."  Nevertheless, car accident victims will find that an insurance claims adjuster will capitalize on any prior complaints of pain to the same body part solely in an effort to minimize the victim's right to compensation.  Victims often times fall for this tactic, unless of course they have a Missouri car accident lawyer on the case.

Another strategy employed by the insurance claims adjuster is to request that a victim sign a medical record release authorization that will allow the adjuster to gather any and all medical records of the victim.  The problem is that these medical record release authorizations are notoriously over-broad and not limited in time or scope.  The authorization essentially allows the adjuster to get any medical records for any point in time and for any injury.  This is contrary to what is permissible under Missouri law.  Judges do not allow insurance adjusters or defense attorneys access to any and all medical records, but only those that are directly related to the injury at issue in the case.  Insurance adjusters hope that victims do not retain a lawyer because a lawyer would never allow his or her client to sign such an overbroad records release authorization.

If you have been injured in a car accident in Missouri, don't fall prey to insurance claims adjuster tactics.  An adjuster will go out of his or her way to make sure you don't get fair compensation for your car accident claim, including the use of unethical tactics that are contrary to Missouri law.  Don't be victimized twice.


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