When you’ve been hurt in a car accident, the last thing you expect is to have your pain questioned. Yet insurance companies often do exactly that, especially if you have a pre-existing medical condition.

Maybe you’ve dealt with back pain, arthritis, or an old sports injury for years. Now, after your crash, your symptoms are far worse. The insurance company might argue that your discomfort is unrelated to the collision.

A pre-existing condition does not disqualify you from compensation. But it can make your case more complicated. These claims require careful handling, detailed medical evidence, and a car accident attorney who can push back against insurance company tactics.

How Insurance Companies Use Medical History Against You

Insurance adjusters investigate your medical history to find anything they can use to minimize your payout. They’re trained to look for patterns or prior complaints that let them argue your injuries aren’t new or serious, even when the accident clearly made them worse.

Common tactics include:

  • Requesting Years of Past Medical Records: Insurers often demand complete access to your history, hoping to find proof of similar complaints or old injuries.
  • Blaming Your Symptoms on Prior Conditions: They might argue your pain is caused by degenerative disk disease, arthritis, or a previous accident rather than the new crash.
  • Claiming Your Condition Would Have Worsened Anyway: Adjusters frequently say you would have needed treatment in the future regardless of the collision.
  • Offering Lowball Settlements: By suggesting your current problems are old news, insurers try to reduce the value of your claim.

Don’t be discouraged. California personal injury law protects people with pre-existing conditions, especially when an accident aggravates or worsens those conditions.

The Eggshell Plaintiff Rule

Under California’s “eggshell plaintiff” or “eggshell skull” rule, the at-fault party is responsible for all injuries caused by their negligence, even if the victim’s pre-existing condition made them more vulnerable to harm.

That means the defendant takes you as you are. If a crash causes your mild neck stiffness to become severe chronic pain or turns manageable arthritis into disabling joint damage, the negligent driver is still fully liable.

This rule ensures justice for those who may be more fragile than others. Your health history doesn’t limit the other party’s responsibility; it just makes it even more important to prove how the accident worsened your condition.

Proving Aggravation of Prior Conditions

You must demonstrate that the accident aggravated your prior injury or condition to succeed in a pre-existing condition claim.

This usually requires:

  • Comprehensive Medical Documentation: Pre- and post-accident records help establish your health before and after.
  • Expert Medical Opinions: Doctors and specialists can testify about how the crash intensified your symptoms.
  • Consistent Treatment Notes: Ongoing care, physical therapy, and diagnostic tests (like X-rays or MRIs) provide clear evidence of aggravation.
  • Honesty and Transparency: Hiding a previous injury can damage your credibility and give the insurer more ammunition.

A skilled personal injury attorney will coordinate your medical documentation, work with healthcare experts, and build a timeline that clearly connects the worsening of your condition to the crash.

Overcoming Credibility Challenges

Many injured victims worry that disclosing prior conditions will hurt their case. In reality, full disclosure helps you. Trying to hide past injuries can backfire once the insurer uncovers them through medical record requests.

Your attorney can present your medical history clearly, showing that while you had a prior condition, the crash caused new or worsened injuries that changed your quality of life. Credibility and consistency are crucial to a strong claim.

Honest communication with your lawyer builds trust and strengthens your evidence from day one.

Protect Your Rights After an Accident

Insurance companies rely on confusion and intimidation to limit payouts. When pre-existing conditions are involved, they often become even more aggressive. Don’t face them alone.

Our car accident attorneys at Berg Injury Lawyers know how to handle these complex cases. We work with medical professionals to prove the full extent of your injuries and help ensure that your health history isn’t used against you.

If an accident worsened your existing medical condition, you still have the right to fair compensation for your pain, medical bills, and lost income.

Contact our law firm today for a free consultation to learn how we can protect your future.