Can Wisconsin insurance deny me because my old MRI shows arthritis?
3 years is Wisconsin's usual deadline to sue after a crash, but no - an insurer cannot shut down your claim just because an old MRI showed arthritis if the wreck made that condition worse.
In the next 24 hours: Get seen and say the right thing plainly: "I had arthritis before, and this crash made it worse." Those words matter. Wisconsin law allows recovery when someone's negligence aggravates a pre-existing condition. If your summer highway crash happened around Waukesha on I-94, Highway 16, or 164, ask for the crash report number and keep every discharge paper, imaging order, and prescription receipt.
If Medicare paid for any treatment, save every bill and Explanation of Benefits. Do not guess about "old pain" versus "new pain." Write down what changed: stronger pain, new numbness, less walking, trouble sleeping, needing help at home.
In the next week: Make an appointment with your regular doctor or specialist and ask them to compare your before and after condition in the chart. The key issue is not whether arthritis existed. The key issue is whether the crash lit it up, accelerated it, or made symptoms worse.
Do not give the insurance company a broad medical release. That is how they go fishing through years of records to blame everything on age. If they ask for a recorded statement, slow down. Stick to facts.
If there was vehicle damage, remember Wisconsin minimum coverage is only 25/50/10. The $10,000 property-damage minimum is low, and low policy limits often mean pressure to settle cheap.
In the next month: Collect:
- the Waukesha-area crash report
- prior MRI reports if you have them
- new imaging and treatment records
- a short daily pain and activity log
- proof of out-of-pocket costs and missed appointments or help at home
Also watch the blame game. Wisconsin's 51% bar means if they pin 51% or more fault on you, recovery can be blocked. Insurers use old MRIs to argue "nothing new" and to push fault. Your job is to build a clean timeline showing the crash changed your condition now.
This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.
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