How Pre-Existing Conditions Impact Car Accident Claims – And Why Insurance Companies Try to Use Them Against You
If you have been injured in a multi-vehicle car accident, the last thing you want to hear from an insurance company is that your pain and suffering don’t count because of a pre-existing condition. Unfortunately, that is exactly what many insurers do—they use old injuries, chronic pain, or prior medical conditions as an excuse to minimize or deny claims.
At Kendall Law Group, we see this happen all the time. We recently secured a $175,000 pre-trial settlement for a client involved in a chain-reaction crash in a Kansas construction zone. Before the accident, they had chronic but stable neck and back pain. After being hit twice in the crash, their pain became significantly worse, impacting their ability to work and enjoy daily life.
The insurance companies tried to argue that their pain had nothing to do with the accident. But we proved otherwise, holding the at-fault drivers accountable.
If you have been injured in a car accident, truck collision, railroad accident, or another serious incident, and your pre-existing condition has gotten worse, you need to understand your legal rights.
What Is a Pre-Existing Condition?
A pre-existing condition is any medical issue that existed before an accident. Many people have some kind of pre-existing condition, whether it’s from an old injury, chronic illness, or prior medical treatment.
Common Pre-Existing Conditions That Can Be Aggravated by an Accident
- Neck and Back Injuries – Past whiplash, herniated discs, or lower back pain can worsen after a car crash.
- Joint Injuries and Arthritis – Knee, shoulder, or hip injuries may flare up after a sudden impact.
- Brain Injuries and PTSD – A history of concussions or post-traumatic stress disorder can be aggravated by a traumatic crash.
- ADHD, Anxiety, and Depression – The stress and trauma of an accident can make it more difficult to manage existing mental health conditions.
- Heart Conditions and High Blood Pressure – The physical and emotional strain from a crash can trigger new or worsened symptoms.
Many of these conditions are manageable before an accident—but a crash can make them significantly worse. That is where personal injury claims come in.
Can You Still File an Injury Claim If You Have a Pre-Existing Condition?
Yes! A pre-existing condition does not disqualify you from seeking compensation after a car accident.
Under the Eggshell Plaintiff Rule, at-fault drivers must take the injured person as they are. If an accident worsens an existing condition, the negligent driver is responsible for that harm. It does not matter if you were already dealing with some pain before the crash—if the accident made it worse, you have a valid claim.
For example, in our $175,000 settlement case, the insurance company tried to argue that our client’s neck and back pain already existed. But we proved that the severity of their pain and need for treatment increased after the accident. That distinction made all the difference.
How Insurance Companies Use Pre-Existing Conditions to Deny Claims
Insurance companies do not work for injured people. They work for profit. When they see a pre-existing condition in your medical records, they use it as an excuse to offer a lower settlement or deny your claim entirely.
🚫 “Your back pain existed before the crash.”
🚫 “Your symptoms weren’t caused by this accident.”
🚫 “You would have had these medical issues anyway.”
🚫 “You don’t need more treatment.”
These arguments are designed to save them money, not to reflect the reality of your injuries. That is why having a strong legal case with medical evidence is crucial.
How We Prove That an Accident Worsened a Pre-Existing Condition
At Kendall Law Group, we fight back against insurance companies that try to use pre-existing conditions as an excuse to deny claims. We gather medical records, collaborate with experts, and build a strong case to show how an accident made a client’s condition worse.
✔ Medical History Comparison – We obtain past and current medical records to document the difference in symptoms before and after the crash.
✔ Doctor Testimony – Medical experts explain how the force of the impact aggravated an existing condition.
✔ Pain and Suffering Documentation – We collaborate with clients to demonstrate how their daily lives have changed since the accident.
✔ Accident Reconstruction – We analyze crash details to show how the impact was severe enough to worsen injuries.
In our $175,000 settlement case, we used these strategies to prove that our client’s pain was manageable before the crash but became significantly worse afterward. The insurance company couldn’t ignore the evidence, leading to a six-figure settlement before trial.
Why Multi-Vehicle Accidents Often Lead to Disputed Liability
Another challenge in our recent case involved determining fault in a chain-reaction crash. In multi-vehicle accidents, each driver tries to shift blame onto someone else, making it harder for injury victims to get the compensation they deserve.
Common Issues in Multi-Vehicle Crash Cases:
✔ Conflicting Witness Statements – Different drivers have different versions of what happened.
✔ Insurance Companies Delaying Claims – When multiple insurers are involved, they fight over who should pay, delaying settlements.
✔ Speeding and Reckless Driving – In our client’s case, one driver was speeding, leading to a harder impact that made their injuries worse.
✔ Construction Zone Hazards – Work zones create unpredictable traffic patterns, leading to sudden stops and increased crash risks.
By conducting depositions, reconstructing the crash, and gathering expert testimony, we proved that one driver’s speeding caused a more severe impact, helping our client recover a fair settlement.
Key Takeaways: Pre-existing Conditions and Car Accident Claims
✔ Having a pre-existing condition does NOT prevent you from filing a claim.
✔ If an accident makes your condition worse, the at-fault driver is responsible.
✔ Insurance companies will try to deny claims based on pre-existing conditions, but strong medical evidence can counter their arguments.
✔ Multi-vehicle accidents often involve disputed liability, making it even more important to have legal representation.
Kendall Law Group Fights for Injury Victims in Missouri, Kansas, Nebraska, and Colorado
If you or your loved one is injured in a car accident, truck crash, railroad accident, apartment fire, or another serious incident, and your pre-existing condition has gotten worse, you may have a valid injury claim. Do not let an insurance company tell you otherwise.
We represent clients in:
✔ Multi-Vehicle Accidents
✔ Truck and Commercial Vehicle Crashes
✔ Railroad Worker Injuries (FELA Claims)
✔ Railroad Crossing and Train Accidents
✔ Apartment Fires and Rental Property Injuries
✔ Wrongful Death Cases
✔ Premises Liability and Slip-and-Fall Accidents
✔ Medical Malpractice and Nursing Home Neglect
If an accident worsens your pain, injuries, or medical condition, you have the right to seek compensation. Insurance companies may try to fight you—but we fight back.
📞 Call (816) 531-3100 or reach out HERE.
Additional Resources
Understanding Comparative Fault in Auto Accident Injury Claims in Kansas and Missouri
Auto Accident: Kansas City’s Top Medical Facilities for Traumatic Injuries
Auto Insurance Coverage Recommendations from a Catastrophic Injury Attorney
Understanding Kansas City Rideshare Injury Claims
