This is one of the most common and frustrating things injured people hear after a crash.
“The insurance company says your injuries were pre existing.”
To them it sounds definitive. To you it feels dismissive. And to us at Hasty Pope Injury Law, it sounds like a familiar tactic.
If you were hurt in a car accident in Canton Georgia or Gainesville Georgia and the insurance company is blaming your pain on something that existed before the crash, you need to understand what is really happening.
What Insurance Companies Mean by Pre Existing
A pre existing condition simply means something existed before the accident.
It does not mean you were not injured.
It does not mean the crash did not matter.
It does not mean the insurance company gets a free pass.
Many people have prior issues like back pain arthritis old sports injuries or past surgeries. That does not prevent them from being compensated when a crash makes things worse.
Georgia law recognizes aggravation of pre existing conditions. Insurance companies often hope you do not.
Why Insurance Companies Lean on This Argument
Pre existing conditions give insurers leverage.
If they can convince you or a jury that your pain would have existed anyway they reduce what they have to pay. Sometimes they try to deny the claim outright.
They look for:
- Old medical records
- Prior complaints of pain
- Imaging that shows degeneration
- Any gap in treatment history
They then argue the crash did not cause the injury or only caused a temporary flare up.
This argument is strategic not medical.
A Real World Example We See Often
We represented a client in Gainesville Georgia who had occasional back pain years before a crash. After being rear ended she developed severe symptoms that required injections and later surgery.
The insurance company claimed the injury was pre existing and unrelated.
Her treating doctors disagreed.
We documented how her condition changed after the crash. We showed increased pain new limitations and treatment that had never been needed before.
The case resolved because the evidence made clear that the crash aggravated a condition that had been manageable before.
Aggravation Matters Under Georgia Law
Georgia law allows compensation when an accident aggravates or worsens an existing condition.
The key is proof.
You must show:
- You were functioning before the crash
- Your symptoms changed after the crash
- Treatment increased because of the crash
- Doctors can explain the difference
Insurance companies know this. They challenge cases where proof is weak and back down when it is strong.
Why Medical Records Are So Important
Medical records tell the story insurers try to rewrite.
Consistent treatment detailed notes and clear timelines make it harder for insurers to claim everything was already there.
Delayed care gaps in treatment or vague complaints give insurers room to argue doubt.
This is why getting medical care early and following through matters even if you have a prior condition.
Another Real World Scenario
A client in Canton Georgia had arthritis in her knee but lived an active life. After a crash she could no longer climb stairs or work full shifts.
The insurance company argued arthritis was the cause.
We showed before and after records activity levels and doctor testimony explaining how trauma accelerates degeneration.
The outcome changed because the full picture was presented.
Why Experience With Medicine Changes Everything
Insurance companies know which lawyers understand medicine and which ones do not.
When a lawyer can question orthopedic surgeons neurologists and pain specialists effectively the pre existing argument weakens.
At Hasty Pope we spend a significant amount of time defending treating doctors and explaining how injuries interact with prior conditions.
That experience changes how cases are valued.
What You Should Do If You Hear This Phrase
If an insurance company says your injury is pre existing do not assume your case is over.
Ask:
- What changed after the crash
- What do my doctors say
- How was I functioning before
- Is this being explained clearly
Those answers matter more than the label.
The Bottom Line
Having a pre existing condition does not disqualify you from compensation in Georgia.
What matters is whether the crash made things worse.
Insurance companies raise this issue because it works when cases are not prepared. When medical evidence is clear and the story is told correctly the argument loses power.
If you are being told your injuries were already there it is worth having that conversation early. Many strong cases start exactly that way.