I was hit by a car as a pedestrian and taken to the emergency room. I have done everything for the pain except surgery as I have had a tumafractive lesion so the risk is high. The insurance company is claiming my pain is from MS and not the act of being physically hit by a car.
So now I find myself in a lawsuit that is no longer the original reason but solely because I have multiple sclerosis which they have listed as a “pre-existing condition” to make their case stronger, nevermind the fact that my body and metal became one with each other.
I am sure this is a common tactic by insurance companies, we all know how they are. Does anyone have advice or has anyone been in a situation like this before?
Everyday living with MS is a struggle as I don’t need to explain here. This news hit me hard and goes way past MS but really is an attack everyone with any disease. Allergies, acne and a paper cut is a pre-existing condition. Where does it end, or doesn’t it?
I am so sorry to hear that you are going through this. I'd suggest reaching out to your local P&A agency, as they provide legal representation and other advocacy services, under all federal and state laws, to all people with disabilities. They may be able to provide you with appropriate advice.
Find A Member Agency
I also suggest looking over this guide from Disability Rights Legal Center, which may be able to help provide you with information on guiding you through this situation. I also suggest using the contact button on their website to contact them directly for information, referrals and advice as well. Disability Rights
If you have ever taken medication for pain they may have an excuse but if you have never taken any medication for pain you may be able to give them a fight, especially if you have had ms for several years.
You can have your pharmacy print a list of the prescriptions you have had filled since doing business with them to prove your case.
After the accident you went to the hospital? What were their reports? The er findings can also make your case.
Have you consulted a lawyer?