I Had a Pre-Existing Injury Before My Car Accident, Can I Still Treat Through My Accident Claim?
If you were injured in a California car accident and the pain feels familiar because you’ve had issues with that part of your body before, you may be wondering whether you can still get medical treatment covered. This concern comes up constantly, and it often stops people from getting the care they actually need.
The Short Answer: having a pre-existing injury does not prevent you from pursuing treatment or compensation if a car accident made that condition worse.
What California Law Says About Pre-Existing Injuries
In California, the law is very clear: If a car accident makes a pre-existing condition worse, the at-fault party is still responsible for the aggravation.
This is often referred to as the “eggshell plaintiff” rule, which means the defendant takes the injured person as they find them. You don’t lose your rights just because you weren’t “perfectly healthy” before the crash. Indeed, the law looks at how the accident changed your condition, not whether you had medical issues in the past.
Many people live with prior injuries or chronic conditions long before they are involved in a collision. Back pain, neck problems, arthritis, old sports injuries, and prior surgeries are common. A car accident can turn something manageable into something that suddenly requires ongoing treatment and significantly affects daily life.
Can You Still Get Medical Treatment Through a Car Accident Claim?
Yes. If the accident caused your condition to worsen, medical treatment related to that worsening can often be covered through your car accident claim. This includes care needed to address increased pain, new symptoms, reduced mobility, or loss of function that didn’t exist—or wasn’t as severe—before the crash.
The key question is not whether the injury existed before, but how the accident changed it.
Why Insurance Companies Push Back on These Claims
Insurance companies frequently try to minimize or deny claims involving pre-existing injuries. Adjusters may point to old medical records and argue that your pain existed before the crash, hoping you’ll assume that means they don’t have to pay.
What they don’t tell you is that California law still requires them to pay for the aggravation of a pre-existing condition. Their goal is to reduce the value of your claim, not to fairly evaluate how the accident impacted your health. This is why having an attorney to look out for your rights is critical!
How to Prove the Accident Made Your Injury Worse:
These cases often come down to medical documentation. Seeking treatment promptly after the accident and following through with recommended care is critical. Doctors’ records that show new symptoms, increased pain, or a change in your physical abilities help establish that the collision made your condition worse.
Medical opinions linking the accident to the worsening of your injury are especially important when insurance companies try to blame everything on your prior history.
We can assist you to coordinate this evidence and push back against insurance tactics.
What If the Accident Only Caused a Flare-Up?
Even if the accident didn’t create a brand-new injury, a flare-up that requires treatment, interferes with your ability to work, or affects your daily activities can still be compensable under California law.
Worsening an existing condition is still real harm, and it is still legally recognized.
Don’t Let a Pre-Existing Injury Stop You From Getting Help
Many people delay treatment or avoid making a claim because they think their history disqualifies them. In reality, waiting can hurt your case—both medically and legally.
If you were in a California car accident and your condition got worse afterward, you deserve answers and proper care.
Talk to a California Car Accident Attorney Before the Insurance Company Decides for You
Insurance companies decide claims based on what saves them money—not what’s fair. If you’re unsure whether your treatment should be covered, a qualified California personal injury attorney can review your situation, explain your rights, and help protect your claim. E-mail me directly at Emilia@antonyanmiranda.com to evaluate your potential claims. The first consultation is always free. Know your rights. Protect Yourself at all times. Antonyan Miranda, LLP
Disclaimer: this article is provided for general informational purposes only and does not constitute legal advice. Every car accident and injury claim is unique, and the information above may not apply to your specific situation. Reading this article does not create an attorney-client relationship. Anyone who has been injured in a car accident is encouraged to speak directly with a qualified attorney to understand their rights and options and to protect their legal interests.
You don’t have to prove you were injury-free—only that the accident made things worse.Call us at 619-696-1100 to speak with one of our concierge attorneys or visit us or send us an email.
