Insurance says my mom's old back problem caused her Rock Hill fall injury, now what?
The adjuster is about to ask, "Was her back already bad before this?" Your answer matters because in South Carolina, an insurer will use an old MRI, old pain complaint, or old prescription to argue they owe less.
Here is the part they do not say clearly: South Carolina law does not let them deny a claim just because your mom had a prior condition. If a fall, crash, or other accident aggravated that condition, the at-fault party can still be responsible for the extra harm.
If this is an aggravation of an old injury, the key is showing the change. Example: your mom in Rock Hill had manageable back pain, then after a stairway fall she cannot walk normally, needs stronger treatment, or has new leg numbness. That is not "just the old problem." Medical records that compare before and after matter a lot.
If this is a new injury in the same body area, insurers get even more aggressive. They will point to an old lumbar MRI and pretend everything comes from that. What helps is a doctor saying the accident caused a new disc herniation, fracture, nerve symptoms, or major worsening. A new injury can exist on top of degeneration.
If this is a claim involving a rider, cyclist, or pedestrian this spring or summer, visibility-conflict crashes around Rock Hill often lead to back, neck, and shoulder injuries. Do not let the insurer turn a routine age-related finding into a full defense. Many adults have degenerative changes on imaging and were still functioning before the incident.
A few practical moves help right away:
- Ask for medical records from before and after the incident.
- Save every letter and form you cannot read; ask for translation in writing.
- Do not guess about old symptoms in a recorded statement.
- Watch deadlines: most South Carolina injury claims have a 3-year deadline, but claims against a city or other government entity can have special notice rules under the South Carolina Tort Claims Act.
If an adjuster is bullying her over paperwork or language issues, complaints in South Carolina can go to the South Carolina Department of Insurance.
Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.
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