Why “Prior Accidents” Are Not Automatic Case Killers — and How They Can Help Your Claim
If you’ve been in a car accident, you may worry that prior injuries or accidents will automatically harm your current claim. Insurance companies often try to use your past medical history or prior collisions against you, claiming that your current injuries are not the result of the recent accident. Their goal is simple: reduce the payout or deny your claim entirely.
The truth is very different. Having a history of accidents or preexisting conditions does not automatically reduce the value of your case. In fact, under Texas law, prior injuries can actually support your claim by demonstrating how vulnerable you were to being harmed.
How Insurance Companies Use Prior Accidents Against You
Insurance adjusters are trained to protect their company’s bottom line. They often look for any reason to minimize a payout, and your medical history can become a tool for them. Common tactics include:
Claiming that your current pain or medical treatment is due to a prior accident rather than the recent collision.
Suggesting that your injuries are chronic conditions that would exist regardless of the new accident.
Using previous medical records to cast doubt on the severity or legitimacy of your claim.
These tactics can be intimidating and confusing, especially if you don’t fully understand your legal rights. Many victims mistakenly believe that any prior accident automatically weakens their case, leading them to settle for far less than they deserve.
Why Texas Law Protects You
Texas follows the “eggshell skull” rule, a legal principle that protects accident victims with preexisting vulnerabilities. The rule is simple but powerful:
If a preexisting condition or weakness is aggravated by an accident, the at-fault party is fully responsible for all resulting injuries.
This means:
Even a minor collision that worsens a preexisting injury entitles you to full compensation for medical bills, lost wages, pain and suffering, and future care.
Property damage may be minimal, but that does not limit your right to recover damages for your injuries.
Prior accidents or injuries are not a “strike against you”; instead, they can help illustrate how the accident caused or worsened your current condition.
For example, if someone previously injured their back in a fender bender and a subsequent accident aggravates that injury, the responsible party must pay for all related medical treatment and other damages, even if the current accident seems minor.
How Preexisting Conditions Can Actually Support Your Case
Surprisingly, prior injuries can sometimes strengthen your claim:
Demonstrating vulnerability: A history of injuries shows why you were more susceptible to harm in the accident.
Showing aggravation: Documenting how the new accident worsened your prior condition provides concrete evidence of the accident’s impact.
Supporting medical credibility: Medical records showing progressive injury or worsening symptoms help validate your claim in negotiations or in court.
Rather than harming your case, this documentation can give attorneys the tools they need to maximize your compensation.
The Role of a Personal Injury Attorney
Cases involving preexisting conditions can be complex. Insurance companies often try to exploit your medical history, which is why having an experienced attorney is essential. A skilled personal injury lawyer can:
Review your medical history and identify aggravation of prior injuries caused by the accident.
Gather and organize medical records, bills, and diagnostic reports to prove the connection between the accident and your current injuries.
Handle negotiations with insurance adjusters who may try to minimize or deny your claim.
Ensure your claim fully reflects all damages, including future medical costs, lost income, and non-economic damages such as pain and suffering.
Without professional guidance, victims may accept settlements that are far below what they deserve, leaving money on the table that could cover ongoing care or lost wages.
