Question: I have a spinal cord stimulator implanted in my back. I was recently in a car accident and I think it dislodged the stimulator. Can I make the other driver’s insurance pay to fix it?
Answer: If the other driver was at fault for the accident, then that driver is on the hook for all harm caused by the accident. If you have a pre-existing condition which was aggravated by the accident, the driver is liable for the additional harm caused. Thus if you now need a surgery to repair, remove or replace the spine stimulator, you are entitled to be compensated for the treatment costs.
Because the medical bills associated with a dislodged spinal cord stimulator will likely be substantial, it will be important to find out the defendant’s insurance policy limit. If the limit is insufficient, you may be able to turn to your auto insurance and make an underinsured motorist claim (which would not impact your rates whatsoever if you were not at fault for the accident).