How Pre-Existing Conditions Affect Your Car Accident Case
Let’s be real: almost nobody walks into adulthood with a perfectly clean bill of health. Old sports injuries, chronic back pain, degenerative disc disease; it’s all part of being human.
But if you’re injured in a car accident and you already have a pre-existing medical condition, things can get complicated fast.
Insurance companies love to use those conditions against you. They’ll argue that your pain was there before the crash, or that they shouldn’t have to pay for problems you already had.
At In Motion Law, we see this tactic all the time. And we know how to fight back. Here’s what you need to understand about how pre-existing conditions can impact your car accident claim and what you can do to protect your right to compensation.
The “Eggshell Plaintiff” Rule: You Take the Victim as You Find Them
California law has a simple but powerful principle: a negligent driver is responsible for all the harm they cause, even if the victim was more vulnerable because of a pre-existing condition.
This is called the “eggshell plaintiff” rule. Imagine someone with a fragile skull. If a fender bender causes a severe injury that wouldn’t have happened to a perfectly healthy person, the at-fault driver is still fully liable.
The same logic applies to back injuries, arthritis, or past surgeries. If the accident worsened your condition or caused new complications, the person who caused the crash is responsible for those consequences, even if another person might have walked away with minor bruises.
Aggravation vs. New Injuries: The Difference in the Eyes of the Law
One of the first things your attorney will determine is whether your current symptoms are the result of:
- Aggravation of a pre-existing condition; or
- A new injury caused by the crash.
If you had chronic lower back pain before, but the collision made it significantly worse or triggered new nerve issues, that’s an aggravation and you can still recover damages.
If the accident caused a completely new injury (like a herniated disc that wasn’t there before), that’s also compensable. In both cases, the key is medical evidence showing how the crash changed your condition.
How Insurance Companies Exploit Pre-Existing Conditions
Here’s where the defense strategy gets predictable. Adjusters and opposing attorneys will:
- Request your full medical history to find evidence of prior injuries.
- Blame all your pain on your old condition rather than the crash.
- Minimize your settlement offer by arguing that your symptoms would have existed regardless of the accident.
Don’t be surprised if they pull records from years ago and try to twist them into proof that your injuries are unrelated.
Thinking About Hiding Your Pre-Existing Conditions? Read This
One of the biggest mistakes accident victims make is hiding or downplaying their pre-existing conditions. They fear it will weaken their case. In reality, the opposite is true.
If you’re caught withholding medical history (and you almost always will be) it can seriously damage your credibility and your chances of recovering compensation. Always disclose your medical history honestly to both your attorney and your doctors.
Our lawyer at In Motion Law can help you push back against insurance companies’ tactics to shift blame. We know the tactics insurers use and we’re here to help you maximize your recoverable damages.
Your Past Conditions Don’t Disqualify You from Compensation
If you’ve been injured in a car accident and the insurance company is trying to use your medical history against you, we’re here to help. At In Motion Law, we’ll protect your rights, build the strongest possible case, and fight for the compensation you deserve. Call at 619-693-8336 to discuss your case during a free consultation.
