If a pre-existing condition is already being lived with, worries are often raised after a crash. Will compensation be reduced? Will it be denied completely? These concerns are understandable. Insurance adjusters regularly point to old injuries or health issues as a reason to pay less. Sometimes, they try very hard.
But here’s the key thing—having a pre-existing condition does not automatically cancel a claim. That part is often misunderstood. In this guide, the role of a car accident lawyer in NYC is stepped into, and it is explained how pre-existing conditions are viewed, how blame is often shifted unfairly, and how proper legal support can protect what is rightfully yours. Important stuff, right?
What Are Pre-Existing Medical Conditions?
A pre-existing medical condition is generally defined as any injury, illness, or health issue that existed before an insurance policy was taken out. These conditions can include many things, such as:
- Chronic conditions — arthritis, asthma, diabetes, high blood pressure
- Degenerative injuries — herniated discs, spinal stenosis, osteoarthritis
- Previous injuries — fractures or soft tissue damage from earlier accidents
- Surgical history — past surgeries and long-term effects that followed
One important detail is often missed. The exact definition of a “pre-existing condition” can vary by policy. Yes, really. That’s why contracts should be read carefully, from start to finish. The definitions written there will later be relied on by both sides. Ignoring them can cause trouble later.
Should the Insurance Company Be Told About a Pre-Existing Condition?
Yes. This information must be disclosed when insurance coverage is obtained. This is required under the principle of uberrima fides, also known as utmost good faith. Both sides are expected to be honest. No hiding things.
The details shared will directly affect the policy terms, especially premiums. If a condition is not disclosed and is later discovered, the compensation claim may be damaged—or worse, rejected. That’s a risk not worth taking.
Do Pre-Existing Conditions Disqualify Compensation?
This question gets asked a lot. The short answer? No.
In New York, compensation can still be claimed even if a pre-existing condition existed at the time of the accident. Injuries that are worsened by a crash are still considered valid. Relief, right?
Legal Rules That Apply When Pre-Existing Conditions Are Involved
Eggshell Skull Rule
This rule is simple but powerful. The defendant is fully responsible for the harm they cause, even if the injured person was more vulnerable than average. A fragile condition does not reduce liability.
For example, if a herniated disc existed before the crash and was made much worse after, the defendant cannot argue that the injury “would have happened anyway.” Full compensation is still owed. Fair is fair.
Pure Comparative Negligence
New York follows the pure comparative negligence rule. This means fault can be shared between parties—even the injured person.
If damages are valued at $100,000 but 25% of the fault is assigned to you, the compensation is reduced to $75,000. Simple math. And here’s the surprising part—you can still recover damages even if you were mostly at fault. Even 99%. Shocking to some, but true.
How Can a Case Be Strengthened With a Pre-Existing Condition?
When insurers try to blame old conditions, strong proof becomes essential. To protect a claim, the following steps should be taken:
- Medical care should be sought immediately after the accident
- Records should be collected showing the condition before and after the crash
- Expert witnesses should be used to support the claims made by your accident lawyer in New York
- Medications should be taken consistently, and medical advice should be followed closely
These actions help show that the accident caused real harm, not just old issues acting up. Small steps, big difference.
Conclusion
In New York, a pre-existing condition does not block compensation. Still, it is one of the most common excuses used by insurers to reduce or deny claims. That’s the reality.
If a car accident has happened and a pre-existing condition is involved, panic is not needed. Help is available. Gabriel Law handles these cases every day, and the focus is always on preventing unfair blame from being placed where it doesn’t belong.
As a personal injury law firm in NYC, every effort is made to ensure pre-existing conditions are not used against you. Full and fair compensation should be received—nothing less. A free consultation can be scheduled today. Why wait?