Is my medical background history prior to a car accident required to determine my case?

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Is my medical background history prior to a car accident required to determine my case?

It has nothing to do with what took place. The other person’s insurance company wishes to settle, however they want a full history of my medical conditions prior to accident and through the present.

Asked on August 23, 2013 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, it is reasonable to request this and they may get it. That's because of two reasons:

1) First and foremost, if you are injured, they only have to pay compensation to the extent that your injuries or conditions were caused by the accident. They do not need to pay for anything pre-existing or caused by prior injuries or accidents; therefore, they need to know about your medical background.

2) Sometimes a medical condition can contribute to the accident (e.g. if you had diabetes and weren't taking proper care of yourself, that could cause you to lose control while driving) and so could bear on fault or liability.


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