I was stopped at a red light when a car ran the light and hit another car. Both cars then hit me. I suffered a soft tissue injury to the neck and was taken by ambulance to the hospital. I was later treated by a chiropractor for several months.
Three months into treatment I fell outside. The doctor noted in my file that the fall cause a "flare up" of my existing condition. He did not however, change my treatment plan. I continued to go to treatment for another several months as planned.
Two months later I was driving on a country road and a car ran a stop sign on a side road and hit me. I was treated at the hospital after this accident also but did not need any follow up treatment. I continued to see my chiropractor for one month after that.
The insurance company from the first accident is refusing to pay for my medical bills beyond the fall, and beyond the second accident. I was found to be at 0% fault for both accidents.
I feel they should pay my bill beyond the fall because the fall aggrevated an injury that would have never been there had their driver not hit me. Are they liable to pay the full bill?
Well, they owe you for the original injury until that injury was healed. The aggravation is not their fault, however it does not mean you were 100% recovered.
Maybe your doctor can write a report regarding the flare up. Did this substantially aggravated the injury or it was simply something he noted but still attributes the underlying condition to the accident?
Maybe he will attribute a percentage to the fall, like say 20%. If this is the case, then you have to pay for that 20% while they will only pay for 80% of the treatment.
The second accident sounds pretty hard and they may have better grounds to completely stop paying for any treatment.
It is important you talk to an attorney to give you a proper range of negotiation. Your aggravation may decrease the value, but it may also increase it. It depends on the medical records.