Insurer Covers Treatment Costs After “Preexisting Condition” Disproved

Our client was sitting at a stop sign in downtown Portland in his pickup truck waiting for traffic to pass when another driver traveling on the intersecting road drifted into our client’s lane and collided with the driver’s side of his car.  The at-fault driver had been traveling at approximately 60 miles per hour when the collision occurred and our client was seriously injured.  He was seen at the emergency room directly following the accident and was diagnosed with a cervical strain.  In addition to months of pain and discomfort, our client has substantial medical expenses as a result of this accident.

Portland Oregon Auto Accident Injury AttorneysAt the time of the accident, the other driver received a citation for failing to drive in his lane. There was no question of fault in this accident.  Our client called us seven months after the accident because he had not been able to get the at fault driver’s insurance company to communicate with him. He knew that he needed an experienced Portland auto accident injury attorney to negotiate with the insurer on his behalf.

Our client had fully completed treatment for his accident-related injuries before contacting us.  That treatment consisted of chiropractic work that occurred in two phases separated by three months.  He also had medical bills that needed resolving.

Once we had been retained as counsel, we obtained all of our client’s medical records and bills.  We were soon able to get all of his medical bills paid by PIP.  The defendant’s insurance company immediately took the position that all treatment after the three month gap was not related to the automobile accident and, thus, that it should not be considered for coverage or reimbursement.

After reviewing all of our client’s medical records, we were able to point out to the insurance adjuster that our client had not had any preexisting conditions and that our client’s need for treatment was all attributable to the other driver’s negligence.  The negotiation process in this case was challenging but ultimately successful and our client was thrilled with his decision to retain Dwyer Williams Potter in this Portland auto accident case.

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