# Pre-existing condition

> A pre-existing condition is a health problem you had before the crash. See why you can still claim for the harm the crash added, and how it is proven.

Canonical page: https://accidentclaimfacts.com/glossary/pre-existing-condition/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

A pre-existing condition is a health problem you had before the crash. You generally cannot claim for the condition itself, but you can claim for the extent to which the crash made it worse.

## In a car accident claim

Insurers often look for earlier records, especially in back and neck claims. Age-related wear is common: by age 60, most people show signs of cervical spondylosis on x-ray, according to MedlinePlus. Finding such changes on a scan does not end a claim. California's jury instruction, for example, allows damages for the effect of the crash on a physical or emotional condition that it made worse, but not for the condition the person already had.

The dispute then turns on causation: how much of your current pain, treatment and limits the crash caused. Records from before and after the crash, and a doctor's comparison of the two, are usually the key evidence. A related rule, the eggshell plaintiff rule, says the at-fault driver takes the injured person as they find them: someone more fragile than average can still recover for the full harm the crash caused. Our guides to [back and neck injuries](https://accidentclaimfacts.com/injuries/back-and-neck-injuries/) and [whiplash](https://accidentclaimfacts.com/injuries/whiplash/) explain how these claims are documented.

## Example

> **Example:** A driver had occasional lower back pain and saw a chiropractor twice in the year before a crash. After being rear-ended, they need months of therapy and an injection. The insurer blames the old back problem; the driver's doctor compares the records from before and after to show what changed.

## Related terms

- [Eggshell plaintiff](https://accidentclaimfacts.com/glossary/eggshell-plaintiff/)
- [Causation](https://accidentclaimfacts.com/glossary/causation/)
- [Soft tissue injury](https://accidentclaimfacts.com/glossary/soft-tissue-injury/)

## FAQ

### Can I still make a claim if I had an old injury?

Yes, for the harm the crash added: new pain, new treatment and any lasting worsening. The dispute is usually over how much of your current condition the crash caused.

### Will the insurer find out about my old injuries?

Often. Insurers commonly ask for prior medical records, and in a lawsuit the other side can request them through discovery. They are used to compare your condition before and after the crash.

## Sources

- [Judicial Council of California, Civil Jury Instructions (CACI), No. 3927](https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf) — aggravation of a preexisting condition
- [Cornell LII Wex, Eggshell skull rule](https://www.law.cornell.edu/wex/eggshell_skull_rule) — liability for the full harm, however severe
- [MedlinePlus Medical Encyclopedia, Cervical spondylosis](https://medlineplus.gov/ency/article/000436.htm) — age-related changes in the neck