What Happens If the Insurance Says Your Injuries Are “Pre-Existing”?

After a car accident, it’s common for the insurance company to argue that your pain, limitations, or need for treatment is “pre-existing.” In plain English, they’re saying: you already had this problem, so our driver didn’t cause it. That can feel frustrating — especially if the crash clearly made your symptoms worse.

The important thing to know is this: a pre-existing condition does not automatically cancel your injury claim in Oklahoma. Many valid cases involve an aggravation of an older injury or condition.

What “Pre-Existing” Usually Means in an Insurance Claim

Insurance companies use “pre-existing” to create doubt about causation and damages. They may claim:

• Your symptoms existed before the wreck
• The crash was too minor to cause your complaints
• Your treatment is for “degeneration” or an old injury, not the collision
• You’re seeking compensation for the condition itself (not a worsening)

Sometimes the issue is legitimate, as in you truly had the same symptoms and the crash resulted in no change. Other times, it’s simply a negotiation tactic to reduce the value of the claim.

Oklahoma Recognizes Aggravation of a Prior Condition

Oklahoma’s civil jury instructions specifically state that a person who has a condition or disability at the time of an injury is entitled to recover damages for any aggravation of that pre-existing condition directly caused by the incident.

Oklahoma courts have also recognized that it’s appropriate for juries to consider aggravation of pre-existing conditions when evaluating damages.

So the key question becomes: What changed after the crash? And can you prove it?

Evidence That Helps Overcome the “Pre-Existing” Argument

1. A Clear “Before vs. After” Medical Story

Be honest with your doctor about prior issues, but also be specific about what’s different now:

• New pain location or intensity
• New symptoms (numbness, weakness, headaches, dizziness)
• New functional limits (can’t lift, sleep, drive, or work normally)
• Increased frequency of symptoms or severity of flare-ups

2. Prompt Evaluation and Consistent Treatment

Delays and gaps in care make it easier for insurers to say “This isn’t from the crash.” Getting checked out quickly – and following the treatment plan – helps tie the condition to the collision.

3. Prior Records

Prior records aren’t always bad. They can show:

• You were stable before the wreck
• Your condition was improving or controlled
• You weren’t treating, or were treating far less
• Your complaints changed immediately after the crash

4. Imaging Comparisons and Objective Findings

Insurers love to cite “degenerative changes” on X-rays or MRIs. A doctor can still explain how a crash can aggravate a degenerative spine or turn an asymptomatic condition into a painful one. Objective findings – such as reduced range of motion, spasms, or documented neurologic changes – strengthen that argument.

5. A Strong Paper Trail of How Life Changed

Keep simple documentation:

• Missed work and reduced duties
• Daily activity limits (i.e. walking, stairs, childcare)
• Sleep disruption and mental strain
• Out-of-pocket expenses and mileage for treatment

What to Avoid

Avoid doing any of the following:

• Giving a recorded statement when you’re unsure how to describe prior issues
• Signing a broad medical authorization without understanding the scope
• Minimizing symptoms early (“I’m fine”) and then later claiming severe injury
• Stopping treatment too soon if symptoms continue

The Takeaway

When an insurer says your injuries are “pre-existing,” the claim often turns into an aggravation case, and those can absolutely succeed with the right evidence. If you’re in Oklahoma and the insurance company is denying or downplaying your injuries, talking to a personal injury attorney early can help preserve records, frame the “before and after,” and push back against unfair blame-shifting.

Contact Kremer Law today to see if your case is worth pursuing.