The Insurance Company Says My Injuries Are "Pre-Existing" — Now What?
Driver holding their neck after a rear-end car accident, illustrating common whiplash and neck injuries following a motor vehicle collision. Crowley Law PC helps victims of car accidents and insurance disputes throughout Los Angeles, California.
You did everything right after your car accident. You sought medical treatment, reported the crash, and filed an insurance claim.
Then you hear something frustrating:
"Your injuries were already there before the accident."
Insurance companies use this argument more often than you might think. If you've had previous neck pain, back problems, arthritis, or another medical condition, they may try to blame your current pain on your past instead of the crash.
The good news? Having a pre-existing condition does not automatically prevent you from recovering compensation.
Here's what you need to know.
What Is a Pre-Existing Injury?
A pre-existing injury is any medical condition you had before your accident.
Some common examples include:
Previous back injuries
Neck pain
Herniated discs
Arthritis
Prior surgeries
Old sports injuries
Degenerative disc disease
Many adults have one or more of these conditions without experiencing daily pain or limitations.
Can I Still File a Personal Injury Claim?
Yes.
California law recognizes that accidents can make existing conditions significantly worse.
If another driver's negligence aggravated your condition, you may still be entitled to compensation for the additional pain, medical treatment, and financial losses caused by the accident.
The insurance company doesn't get a free pass simply because you weren't in perfect health before the crash.
Why Do Insurance Companies Bring This Up?
It's a common strategy used to reduce payouts.
Insurance adjusters often review years of medical records looking for anything they can use to argue that:
Your pain isn't related to the accident.
Your condition existed long before the crash.
You would have needed treatment anyway.
The accident didn't actually make your condition worse.
Their goal is often to reduce the value of your claim—not necessarily to understand what actually happened.
How Can You Prove the Accident Made Things Worse?
Medical records are often the strongest evidence.
Your doctor may be able to document that:
Your symptoms became significantly worse after the accident.
You required new treatment.
You developed new limitations.
The crash aggravated a previously stable condition.
Medical experts can also explain how traumatic impacts commonly worsen existing injuries.
Don't Let the Insurance Company Decide Your Case
Just because you've had back pain before doesn't mean you should have to live with new pain caused by someone else's negligence.
Every case deserves a careful investigation based on medical evidence—not assumptions made by an insurance adjuster.
An experienced personal injury attorney can:
Review your medical history
Work with your healthcare providers
Gather expert opinions
Push back against unfair insurance tactics
Fight for the full compensation you deserve
You Still Have Rights
If you've been injured in a car accident in Los Angeles, Pasadena, Glendale, Burbank, or nearby communities and the insurance company claims your injuries were pre-existing, don't assume your case is over.
At Crowley Law PC, we know these tactics—and we know how to fight back.
We’ll help you get the medical treatment you need and the compensation you deserve.
Here to make it right, when you've been wronged.
And Justice for All! ⚖️
Crowley Law PC
📞 (213) 325-5248
