What to Do When the Insurance Company Claims Your Injuries Are Pre-Existing 

You file your insurance claim after an accident, and you certainly need it. You’re missing work. The medical bills are stacking up.  

But then the insurance adjuster drops a familiar line: “These injuries look pre-existing.” 

Suddenly, your claim stalls. The insurer questions your pain, your doctors, and your credibility. They suggest the accident didn’t really cause your injuries—or at least not enough to justify paying you what you deserve. 

If this is happening to you, you’re not alone. And more importantly, you’re not out of options. 

At Colbert Cooper Hill, The Wolf Pack™, we’ve seen this tactic repeatedly. Insurance companies use “pre-existing condition” arguments to delay, deny, or devalue valid claims. But here’s the truth: Having a pre-existing condition does NOT automatically disqualify you from compensation. 

Let’s break down what insurers are allowed to argue, what they can’t legally get away with, and how our personal injury attorneys fight back for injured Oklahomans. 

What Is a Pre-Existing Condition, According to Insurance Companies? 

A pre-existing condition is any injury, illness, or medical issue you had before the accident. This could include things like: 

• Prior back or neck pain 

• Arthritis or joint issues 

• Old fractures or surgeries 

• Degenerative disc disease 

• Previous workplace injuries 

• Chronic conditions like migraines or nerve pain 

The Department of Health and Human Services has estimated that anywhere from 50-129 million non-elderly Americans have something that qualifies as a pre-existing condition. Insurance companies love to point to these conditions because they believe it gives them an excuse to avoid paying. 

But Oklahoma law and long-standing personal injury principles don’t let insurers off the hook that easily. 

Do Insurance Companies Have the Right to Consider Pre-Existing Conditions? 

Yes. To a point. 

Insurance companies are allowed to review your medical history and ask whether an injury existed before the accident. They may request prior medical records, imaging studies, or treatment notes. 

What they cannot do is: 

• Automatically deny your claim just because you had a prior condition 

• Ignore how the accident worsened or aggravated your condition 

• Pretend the accident had no impact on your health 

• Shift the entire blame onto your medical history without proof 

This is where insurers often cross the line, and where representation from an experienced Oklahoma City personal injury attorney becomes critical. 

The Legal Reality: Aggravation of a Pre-Existing Condition Is Compensable 

Here’s some very important clarity: 

If an accident aggravates, accelerates, or worsens a pre-existing condition, the at-fault party can still be held responsible. 

In other words, if you had a “bad back” but a car accident made it worse, more painful, or disabling, the law recognizes that change. 

Other examples include: 

• A dormant condition that suddenly requires surgery 

• Occasional discomfort that turns into chronic, daily pain 

• An old injury that flares up and limits your ability to work 

The accident doesn’t have to create a brand-new injury from scratch. It only has to make your condition worse. 

That difference matters, and proving it can be essential to your insurance claim. 

Common Ways Insurance Companies Use the Pre-Existing Injury Tactic 

Insurance adjusters are trained to look for any excuse to reduce payouts. When pre-existing conditions are involved, they often use tactics like: 

“You Had This Pain Before” 

They’ll cherry-pick old medical records to suggest your symptoms didn’t change after the accident, even when they clearly did. 

“This Is Degenerative, Not Traumatic” 

They may claim arthritis or disc degeneration caused your pain, ignoring the fact that trauma can turn manageable degeneration into disabling injury. 

“There’s No Clear Line Between Old and New” 

They’ll argue it’s “impossible” to tell what portion of your pain came from the accident, hoping that uncertainty works in their favor. 

“You Would’ve Needed Treatment Anyway” 

Even if you were living and working normally before the accident, insurers may argue the injury was inevitable. 

All of these arguments are designed to pay you less or nothing at all. 

Why These Claims Are Often Unfair 

Insurance companies focus on paperwork. They don’t see how your injury affects your daily life. They don’t feel your pain when you wake up. They don’t miss work because you can’t lift, bend, or concentrate. 

What matters legally is not whether you had a condition before, but whether the accident changed your health, your pain level, or your ability to function. 

If your life is worse after the accident, that should be worthy of compensation. 

What You Should Do If the Insurer Claims Your Injury Is Pre-Existing 

Even when you know the truth is on your side, the way you approach pre-existing condition queries can still greatly affect the ultimate outcome of your claim.  

1. Don’t Argue with the Adjuster Yourself 

Insurance adjusters are trained negotiators. Anything you say can be twisted or taken out of context. Let a lawyer speak for you. 

2. Get Medical Treatment and Follow Through 

Seeing a doctor and following recommended treatment—is one of the strongest ways to show how the accident affected you. Gaps in care give insurers ammunition. 

RELATED: Delayed Symptoms After a Car Accident: Why You Should Act Early 

3. Be Honest with Your Doctors 

Don’t hide prior injuries, but be clear about how your symptoms changed after the accident. Doctors’ notes matter more than insurance opinions. 

4. Document How Your Life Has Changed 

Keeping a journal where you document your daily pain levels, work restrictions, missed activities, and changes in routines can help demonstrate the real impact of your injuries. 

5. Call Colbert Cooper Hill Early 

The sooner The Wolf Pack™ gets involved, the better we can protect your claim from being unfairly minimized. 

How Colbert Cooper Hill Fights Back Against Pre-Existing Injury Claims 

At Colbert Cooper Hill, we don’t accept the insurance company’s version of the story. We build the truth—with evidence. 

Here’s how The Wolf Pack™ helps clients in pre-existing injury disputes: 

We Compare “Before and After” 

We show how you lived, worked, and functioned before the accident—and how things have changed afterward. 

We Work with Medical Providers 

We obtain medical opinions that explain how trauma aggravated or worsened your condition, even if it already existed. 

We Challenge Insurance Narratives 

We push back against cherry-picked records and misleading interpretations of medical history. 

We Use Experts When Needed 

In complex cases, we bring in medical experts to explain causation, aggravation, and long-term impact. 

We Demand Full Compensation 

We fight for medical costs, lost wages, pain and suffering, and future care beyond just what the insurer wants to acknowledge. 

And if the insurance company refuses to be reasonable, we are always prepared to escalate the case. 

RELATED: Will My Personal Injury Case Go to Trial? 

What Compensation May Still Be Available to You 

Even with a pre-existing condition, you may be entitled to compensation for: 

• Medical treatment related to the aggravation 

• Increased pain and limitations 

• Lost wages or reduced earning capacity 

• Future medical care 

• Pain and suffering 

• Loss of enjoyment of life 

The law doesn’t require you to be “perfectly healthy” before an accident to deserve compensation. It only requires that the accident caused harm. 

RELATED: How Do Pre-Existing Conditions Affect Car Accident Settlements? 

Why You Shouldn’t Give Up When You Hear “Pre-Existing Condition” 

Too many injured people walk away from valid claims because they believe the insurance company’s explanation. That’s exactly what insurers want. 

The reality is this: 

• Many adults have prior injuries or conditions 

• Insurance companies know this 

• The law still protects injured people 

• Strong cases are built every day despite pre-existing issues 

You deserve someone who knows how to fight back. 

Call The Wolf Pack™ If the Insurance Company Is Pushing Back 

If an insurance company is telling you your injuries are pre-existing, don’t assume they’re right. Assume they’re protecting their bottom line. 

At Colbert Cooper Hill, The Wolf Pack™ stands between you and the insurance company. We investigate thoroughly, present the evidence clearly, and fight relentlessly for injured Oklahomans. 

Call Colbert Cooper Hill today or fill out our online form for a free case review. 

You focus on healing. We’ll handle the fight. 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.