The Impact of Pre-Existing Conditions on a Car Accident Injury Claim

Know your rights if your pre-existing condition is aggravated after a crash in Ontario

Car accidents can turn your life upside down, but what if you were already dealing with an injury or a health condition before the crash? Insurance companies love to use pre-existing conditions as an excuse to downplay injuries or deny claims altogether. That doesn’t mean you’re out of options.

If a car accident made your condition worse, you still have the right to seek compensation. The key is understanding how your pre-existing conditions impact your claim and knowing how to push back when insurers try to deny your compensation.

What is a pre-existing condition?

A pre-existing condition is any medical issue that existed before your car accident occurred. These conditions can range from minor health concerns to chronic injuries. Common examples include:

Back pain or prior spinal injuries
Neck problems such as whiplash or herniated discs
Arthritis, joint pain, or prior knee injuries
Past concussions or traumatic brain injuries
Previous fractures, surgeries, or degenerative conditions

These conditions can complicate an injury claim because insurance companies may argue that your car accident didn’t cause new damage. However, if the crash made the condition worse, you may still qualify for compensation.

How does a pre-existing condition affect a car accident claim?

Insurance companies often look for ways to keep their costs down. If they find evidence of a pre-existing condition, they may claim:

The car accident had no impact on your health
Your symptoms existed before the crash and are unrelated
You would have needed medical treatment even without the car accident

They use these arguments to shift the blame away from your car accident and reduce your settlement. However, if you can show that the crash worsened your injury, you may still recover compensation.

What is the ‘thin skull’ rule, and how does it help my car accident case?

The “thin skull” rule states that a defendant must take a victim as they are, which means they can’t escape liability simply because the injured party was more vulnerable due to a pre-existing condition. The cause of the pre-existing condition is also irrelevant.

For example, if a person has a pre-existing spinal condition and a car accident worsens it, the at-fault driver is still responsible for the additional harm caused. The key is proving that the accident aggravated the existing condition rather than being the sole cause of injury.

How can I prove that a car accident worsened a pre-existing condition?

Medical evidence helps prove that your crash worsened a pre-existing condition. Key steps include:

Seeking immediate medical attention

Don’t wait to see a doctor. Even if you’re not sure how much worse your condition is, getting evaluated right away can establish a direct connection between the crash and any changes in your health. A medical professional can document new symptoms, increased pain, or complications linked to your crash.

Comparing past and current medical records

Your medical history is one of the strongest pieces of evidence in your case. If you were already receiving treatment for a condition before the car accident, your records can help show how your condition has changed. Any new symptoms, additional treatment and medication needs, or increased pain levels can serve as proof that the crash made things worse.

Obtaining diagnostic tests

X-rays, MRIs, CT scans, or other medical imaging can reveal physical changes in your condition. If a previous injury or condition has progressed since the car accident, these tests can provide objective evidence that your health has been impacted.

Getting statements from medical professionals

A doctor’s opinion carries a lot of weight in an injury claim. Your doctor can explain how the accident affected your condition, whether it sped up degeneration, caused new complications, or worsened your symptoms. Their expert assessment can help counter any insurance company arguments that your car accident had no effect.

Gathering witness testimony

Sometimes, those around you notice the impact of a car accident before you do. Family members, coworkers, or close friends can describe how your daily life changed after the crash.

Maybe you can’t do the same activities you used to, need extra help getting around, or have more frequent doctor visits. Their testimony can strengthen your claim by providing real-world examples of how the accident affected you.

What challenges arise when pre-existing conditions are involved?

Dealing with a car accident injury is already stressful, but when you have a pre-existing condition, the process can become even more frustrating. Insurance companies often look for any reason to downplay your injuries or deny your claim, and a pre-existing condition gives them an easy excuse to do just that.

Here’s how they might try to reduce or reject your compensation:

Deny liability: The insurer may argue that your pain or symptoms have nothing to do with the crash and are simply part of your pre-existing condition.
Reduce compensation: They might offer a lowball settlement and claim that your car accident didn’t cause any new harm and that you would have needed medical treatment regardless.
Shift the burden of proof: Instead of accepting responsibility, they put the pressure on you to prove that the car accident made your condition worse, not just that you already had an injury.

What steps can strengthen a car accident claim with a pre-existing condition?

If you have a pre-existing condition, taking the right steps after a crash can help protect your claim. These include:

Being honest about your medical history: Insurance companies will likely uncover past health issues, so full disclosure is better than being accused of hiding information.
Following all medical advice: Sticking to your treatment plan shows that your condition worsened and that you are taking your recovery seriously.
Documenting all medical care: Keeping records of doctor visits, prescriptions, and physical therapy can help establish the extent of your injuries.
Avoiding recorded statements: Insurance adjusters may twist your words to downplay the accident’s impact, so it’s best to avoid giving a recorded statement without legal guidance.
Consulting a lawyer: An experienced personal injury lawyer can help counter insurance company tactics and fight for fair compensation.

What types of compensation are available for aggravated injuries?

If a car accident worsens a pre-existing condition, you may qualify for several types of compensation. The amount of compensation depends on the severity of the aggravated condition and how much it impacts daily life. The damages you can be compensated for include:

Medical expenses: This covers hospital bills, doctor visits, surgeries, medications, and physical therapy.
Future medical costs: If the injury requires ongoing treatment, future medical expenses may be included in the claim.
Lost wages: If the injury affects your ability to work, you may recover lost income.
Loss of earning capacity: If the condition permanently limits your ability to earn a living, additional compensation may be available.
Pain and suffering: This includes physical pain, emotional distress, and reduced quality of life.

When should I contact a lawyer?

If you’ve been injured in a car accident in Ontario, even if you have a pre-existing condition, you still have the right to seek compensation. The lawyers at Smitiuch Injury Law know how to fight back against these tactics and prove that your car accident made your condition worse.

Our legal team has a deep understanding of Ontario’s personal injury laws, and we have a track record of securing compensation for clients who face challenges due to pre-existing conditions. We know how to gather the right medical evidence, negotiate with insurers, and, if necessary, take your case to court.

Our Ontario law firm works on a contingency fee basis, so you don’t pay unless we win your case. We also offer a free consultation to get clear, honest legal advice without financial risk. Whether you were injured in Toronto, Brantford, Simcoe, or anywhere in the GTA, we are ready to help. Contact us today, and let’s talk about how we can fight for the compensation you deserve.

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