Pregnant after Rochester grain truck crash insurance found old MRI am I screwed?

Q: Pregnant after Rochester grain truck crash insurance found old MRI am I screwed?

The worst mistake people make right now is agreeing that "it was already there" because the adjuster sounds certain. From the insurance company's perspective, they want you to believe your old MRI ends the claim. They will say your back, hip, leg, or neck problem was pre-existing, not caused by the crash. If you are pregnant, they may also try to separate your own injuries from the baby monitoring and frame ER or OB visits as "precautionary only." In a Rochester-area harvest-season crash on roads like Route 104, Route 31, or I-490, they move fast to get records and fast to pin everything on prior scans, prior pain, or prior treatment. That is not the law in New York. New York allows recovery when a crash aggravates a pre-existing condition. If a grain truck, farm vehicle, or other driver made an old spinal issue, femur injury, or fracture worse, that worsening is part of the claim. The defense does not get a free pass because you had a bad back before. This is the eggshell plaintiff rule in practice: they take you as they find you. What matters right now: Get your OB and trauma records together, including any fetal monitoring, ultrasound, labor-and-delivery triage, and ER notes from Strong Memorial or Rochester General. If this was a motor vehicle crash, file your New York No-Fault application within 30 days. Keep proof of every new symptom: abdominal pain, contractions, decreased fetal movement, numbness, thigh pain, trouble walking, bleeding, headaches. For a lawsuit outside No-Fault, New York usually requires a "serious injury" under Insurance Law § 5102(d), and a crash-related worsening of a prior condition can qualify if the medical proof clearly compares before vs. after. Do not let them define your baseline for you. The clock is already running on records, No-Fault paperwork, and evidence from the truck, scene, and witnesses.

Question

Accepted Answer

The worst mistake people make right now is agreeing that "it was already there" because the adjuster sounds certain.

From the insurance company's perspective, they want you to believe your old MRI ends the claim. They will say your back, hip, leg, or neck problem was pre-existing, not caused by the crash. If you are pregnant, they may also try to separate your own injuries from the baby monitoring and frame ER or OB visits as "precautionary only." In a Rochester-area harvest-season crash on roads like Route 104, Route 31, or I-490, they move fast to get records and fast to pin everything on prior scans, prior pain, or prior treatment.

That is not the law in New York.

New York allows recovery when a crash aggravates a pre-existing condition. If a grain truck, farm vehicle, or other driver made an old spinal issue, femur injury, or fracture worse, that worsening is part of the claim. The defense does not get a free pass because you had a bad back before. This is the eggshell plaintiff rule in practice: they take you as they find you.

What matters right now:

Get your OB and trauma records together, including any fetal monitoring, ultrasound, labor-and-delivery triage, and ER notes from Strong Memorial or Rochester General.
If this was a motor vehicle crash, file your New York No-Fault application within 30 days.
Keep proof of every new symptom: abdominal pain, contractions, decreased fetal movement, numbness, thigh pain, trouble walking, bleeding, headaches.

For a lawsuit outside No-Fault, New York usually requires a "serious injury" under Insurance Law § 5102(d), and a crash-related worsening of a prior condition can qualify if the medical proof clearly compares before vs. after.

Do not let them define your baseline for you. The clock is already running on records, No-Fault paperwork, and evidence from the truck, scene, and witnesses.