How Do Insurance Companies Know About Pre-Existing Conditions? (2024)

Anderson Injury Lawyers | August 19, 2015 | Car Accidents

How Do Insurance Companies Know About Pre-Existing Conditions? (1)

If you’ve been hurt in a car accident and filed a claim, you might be surprised when the insurance company denies you coverage due to “pre-existing conditions.” This is especially true if you didn’t tell the insurance companyabout any past injuries, or if your old injury had nothing to do with the accident.

We’ll Start with an Example

Let’s use the example of Jack and Samantha. Samantha had shoulder surgery years ago, but the problem was fixed and she hasn’t had issues for years. One day, Samantha’s driving her car when Jack rear-ends her, causing another shoulder injury.

Samantha makes a claim against Jack’s insurance (he caused the accident so he’s responsible for paying for her damages and injuries).
Somehow, Jack’s insurance company finds out about Samantha’s previous shoulder surgery and suddenly devalues her claim.

They want to give her only a small fraction of what she needs to pay for her medical bills incurred from the accident. Their reasoning?“Your shoulder was already hurt before this. The accident didn’t cause the injury.”

Samantha knows the two injuries are unrelated, but how can she prove this to the insurance company? And how did they even find out about her old shoulder injury in the first place?

Did You Sign a Medical Release?

How Do Insurance Companies Know About Pre-Existing Conditions? (2)

At my firm, this is one of the most common mistakes I see accident victims make – they authorize the insurance company to access past medical records. Sometimes, peopledo it without even realizing it.

Insurers are very good at making you feel like they have your best interests at heart. They might ask you to sign a “blanket release” without really explaining the implications.

They’ll tell you they need to know about the injuries you sustained in the accident and how you were treated in order to reimburse you, so when they ask for a medical release form, it will seem reasonable.

Insurers then use your permission to snoop through old records to look for anything that they might be able to use against you. If you have a pre-existing condition, they’ll try to deny your claim on the grounds that you were already injured and their insured had nothing to do with it.

Did You Make Mention of Prior Injury on Your Intake Form?

How Do Insurance Companies Know About Pre-Existing Conditions? (3)

During the intake process, you’ll fill out tediouspaperwork and answer lots of questions. It might not even occur to you that the insurance company is digging into your background during this process.

Similarly, you might not remember answering a question about previous injuries.

Still, it’s possible that you tipped the insurance company off on your intake form.
You don’t necessarily have to say anything outright, either – merely hinting at an old injury is enough to get the insurance company going.

If the insurance company suddenly knows about a pre-existing condition, you might have accidentally told them yourself.

If you’re concerned about your privacy rights, you should contact your attorney.
If you need help in the Fort Worth area, call the Anderson Injury Lawyers for a free consultation.

Related posts:

If you’ve been injured in an accident in Fort Worth or Dallas and need legal help, contact our car accident lawyers at Anderson Injury Lawyers to schedule a free consultation. We proudly serve Tarrant County, Dallas County, and throughout Texas.

Anderson Injury Lawyers – Fort Worth Office
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(817) 294-1900

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How Do Insurance Companies Know About Pre-Existing Conditions? (2024)

FAQs

How do insurance companies know if you have a preexisting condition? ›

If you claim that you suffered injuries in a crash resulting of someone else's negligence, the insurance company may dig into your medical history. Your medical records will show what injuries or conditions you have endured in the past and compare them with your current claim.

Is it a preexisting condition if you didn t know about it? ›

A pre-existing condition could be known to the person – for example, if she knows she is pregnant already. People might also apply for coverage when they unknowingly have an undiagnosed condition – for example, tumor cells might be growing within but won't be diagnosed until months or years later.

Can people be denied coverage due to pre-existing conditions? ›

Under the Affordable Care Act, health insurance companies can't refuse to cover you or charge you more just because you have a “pre-existing condition” — that is, a health problem you had before the date that new health coverage starts.

Is it hard to get insurance with a pre-existing condition? ›

This means that individuals cannot be denied insurance coverage due to pre-existing conditions. Under the Affordable Care Act (ACA), guaranteed issue is a fundamental provision that ensures individuals with existing health issues have the same access to insurance as those without such conditions.

What determines a pre-existing condition? ›

A health problem, like asthma, diabetes, or cancer, you had before the date that new health coverage starts. Insurance companies can't refuse to cover treatment for your pre-existing condition or charge you more.

What counts as a pre-existing condition? ›

A pre-existing medical condition (PEMC) is an illness or injury you had before your policy began or was renewed. Examples of pre-existing medical conditions include, diabetes, asthma, high cholesterol or a long-term back condition.

How do you avoid pre-existing condition exclusion? ›

If your health plan is fully compliant with the ACA and obtained in either the individual/family market or the employer-sponsored market, you no longer need to worry about pre-existing condition exclusion periods.

How long can a pre-existing condition be excluded? ›

A pre-existing condition exclusion can not be longer than 12 months from your enrollment date (18 months for a late enrollee). A pre-existing condition exclusion that is applied to you must be reduced by the prior creditable coverage you have that was not interrupted by a significant break in coverage.

What if pre-existing conditions are not declared? ›

Failure to disclose pre-existing conditions not only jeopardizes the chances of successful claims but may also lead to the cancellation of the policy in extreme cases.

Can insurers may not turn away people with pre-existing conditions? ›

Health insurance companies cannot refuse coverage or charge you more just because you have a “pre-existing condition” — that is, a health problem you had before the date that new health coverage starts.

When did preexisting conditions end? ›

Before 2014, some insurance policies would not cover expenses due to pre-existing conditions. These exclusions by the insurance industry were meant to cope with adverse selection by potential customers. Such exclusions have been prohibited since January 1, 2014, by the Patient Protection and Affordable Care Act.

Is high blood pressure a pre-existing condition? ›

In the health insurance world, a pre-existing condition is any injury, sickness or condition that exists before the date an insurance policy takes effect. Examples include asthma, diabetes, anxiety, depression, high blood pressure, high cholesterol and so on.

Did Obama Care do away with pre-existing conditions? ›

The ACA bars use of pre-existing conditions

The ACA complements the Genetic Information Nondiscrimination Act (GINA) which prohibits discrimination by most health insurance plans and employers based on genetic information such as an inherited genetic mutation associated with an increased risk of cancer.

Is pregnancy a pre-existing condition? ›

According to Healthcare.gov, pregnancy is not considered a pre-existing condition. So if you were pregnant at the time that you applied for new health coverage: You can't be denied coverage due to your pregnancy. You can't be charged a higher premium because of your pregnancy.

What is the difference between acute onset of pre-existing conditions and pre-existing conditions? ›

Pre-existing conditions are the medical issues themselves, while the acute onset of pre-existing conditions is the sudden and unexpected recurrence of a pre-existing condition.

How do you know if a condition is pre-existing? ›

A medical illness or injury that you have before you start a new health care plan may be considered a pre-existing condition. Conditions like diabetes, chronic obstructive pulmonary disease (COPD), cancer, and sleep apnea, may be examples of pre-existing health conditions. They tend to be chronic or long-term.

What is the exclusion period for pre-existing conditions? ›

The time period during which a health plan won't pay for care relating to a pre-existing condition. Under a job-based plan, this cannot exceed 12 months for a regular enrollee or 18 months for a late-enrollee.

Is it a pre-existing condition if it hasn t been diagnosed? ›

A pre-existing condition for cat or dog insurance is typically an illness or injury your pet shows signs of any time before the end of your pet insurance waiting period. This may include conditions not yet diagnosed by a veterinarian.

What is considered a preexisting condition for life insurance? ›

For the purposes of your life insurance cover, a pre-existing medical condition is any illness or injury that exists before, or at the time, you take out a life insurance policy. Examples of pre-existing medical conditions and events include, but are not limited to, the following: Diabetes.

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