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Insurers May Challenge Your Car Accident Claim Due to a Pre-Existing Injury

Many people suffer back injuries, neck injuries, knee injuries, and other types of injuries at work, home, or play. Unfortunately, when car accidents occur, the jarring impact of the collision can aggravate pre-existing injuries. When past injuries flare up in a crash, your personal injury claim may be impacted.

Insurance adjusters have one job to do, which is settling claims for the lowest amount of money possible. When they find out you had a pre-existing injury before the collision, they will argue that the injury you suffered in the crash was the result of a pre-existing condition. They do this so they can deny your claim or decrease the amount of money you receive. They are hoping that you accept their answer, and go away, so they can close out your claim.

Pre-Existing Conditions Get Aggravated After Car Accidents

Car crashes can trigger pre-existing conditions such as neck and back injuries. In fact, a collision can cause the worsening of a pre-existing injury. However, many car accident victims with pre-existing injuries don’t believe they have any rights or recourse after the insurance company denies their claim or offers them a low settlement. Although it is true that pre-existing conditions can impact personal injury claims, there are ways to still get the most compensation possible, such as:

  • Get medical attention immediately
  • Don’t sign a medical authorization form
  • Seek legal representation

When you have a pre-existing medical condition, your medical history will come into question. If the insurance adjuster finds that you had a similar previous injury, the insurer will want to pin your current health condition on the injury you suffered in the past, instead of the fact that your injury was aggravated in the car accident. The only reason they do this is to lower their liability and claim payout. They are hoping to reduce the damages that you are able to recover, which will save the insurance company money.

Just because you have a pre-existing condition doesn’t mean that the insurance company for the other driver can get out of paying you for your current injuries. Proving your injury claim may be more complex. You will need to show a jury that your injuries increased in severity as a result of being aggravated in the car accident. This is why it is essential that you involve a car accident attorney. A lawyer who represents personal injury victims will know how to strengthen your claim with a doctor’s testimony and expert witnesses to get you the best recovery for your injuries.

For help obtaining the full compensation you are entitled to, contact our Sarasota office for a free consultation or click the link on this page to order a free copy of our book, What You Need to Know After a Florida Auto, Truck, or Bike Accident.


Damian Mallard, Esq.
Board Certified Sarasota Personal Injury Attorney