How Does a Pre-Existing Injury Affect My Car Accident Claim? 

How Does a Pre-Existing Injury Affect My Car Accident Claim? 

A pre-existing injury does not prevent you from claiming compensation after a car accident in Queensland, but there are certain things to consider:

• You can still claim under Queensland’s CTP scheme if a motor vehicle accident aggravated or worsened a pre-existing condition. This is known as “aggravation” and is fully compensable under Queensland law.
• Insurers must compensate you for the additional injury, pain, and loss caused by the accident.
• Having a prior injury does not bar your claim or cancel your legal rights. However, CTP insurers often challenge aggravation claims, attempting to blame symptoms on the pre-existing condition to reduce payouts.

Clear medical evidence is essential to prove that the accident made your condition worse. 

This guide explains:

• How pre-existing injuries affect your Queensland CTP claim
• How insurers assess “aggravation”
• What medical evidence you need to prove worsening
• Practical steps to protect your compensation entitlements

Understanding Pre-Existing Injuries and Car Accident Claims

What counts as a pre-existing injury in a car accident claim?

A pre-existing injury is any medical condition that existed before a car accident.

• This includes prior physical injuries such as back injuries, neck injuries, arthritis, old fractures, or spinal conditions
• It also includes pre-existing psychological injuries, including anxiety, depression, or PTSD
• A pre-existing condition does not need to be causing symptoms at the time of the accident
• Asymptomatic conditions still qualify if a car accident aggravates or worsens the condition

Under Queensland CTP claims, insurers must consider how the accident changed your condition, not just your medical history. 

Common examples include:

• Degenerative disc disease: You had mild lower back degeneration that wasn't causing pain, but a rear-end collision ruptured a disc and created severe symptoms. You can claim for this aggravation.
• Previous whiplash: You recovered from whiplash years ago, but a new accident re-injures your neck. The new claim covers the fresh aggravation, not the old healed injury.
• Arthritis: You managed arthritis with occasional medication, but impact forces from a crash significantly worsen joint pain and limit mobility. Compensation can cover this.

What matters legally is not that you had a condition before, but that the accident made it worse.

Your Rights and Obligations

What you're entitled to:

• Compensation for aggravation: You can recover damages for how the accident worsened your pre-existing condition, including increased pain, reduced mobility, and new treatment needs. This applies even if you already had the underlying condition.

• Full medical costs for new treatment: Insurers must cover GP visits, specialist appointments, physiotherapy, surgery, medications, and rehabilitation directly related to the accident's aggravation of your condition. You're not limited to pre-accident treatment levels.

• Lost income from additional incapacity: If the aggravated condition stops you from working when you could have worked before the accident, or reduces your hours/capacity, you can claim for lost earnings, as well as future losses.

• Pain and suffering compensation: Queensland law provides damages for the additional pain and reduced quality of life caused by the aggravation, separate from your pre-existing baseline.

What you must do:

• Lodge your NOAC promptly: Complete the Notice of Accident Claim Form and submit it to the at-fault driver's CTP insurer within 9 months of the accident.

• Disclose pre-existing conditions honestly: Transparency strengthens your case by showing credibility. 

• Follow treatment recommendations consistently: Attend appointments, complete prescribed therapy, and take medications as directed. 

• Document everything thoroughly: Keep records of all medical visits, diagnostic tests, treatment receipts, and how symptoms impact daily life.

Key deadlines:

1. NOAC submission: Within 9 months of the accident
2. Court proceedings: Within 3 years of the accident (limitation period)
3. Medical assessments: As required by insurer (typically within first 6-12 months)
4. Compulsory conference: Usually scheduled 6-18 months after the NOAC has been lodged

Common Scenarios and Questions

Can I still claim compensation if I had back pain before the accident?

Quick answer: Yes, absolutely. If the accident made your back pain significantly worse, requiring new treatment, stopping you from working, or severely limiting activities you could do before, you can claim for that aggravation.

What to do:

• Get immediate medical assessment: Visit your doctor within 24-48 hours and explain exactly how your back pain has changed since the accident.
• Provide evidence: Give your doctor access to pre-accident medical records showing your previous treatment level.
• Document functional changes: Keep a diary of activities you can no longer do or can only do with difficulty.

Important note: Insurers will compare your pre-accident and post-accident conditions carefully. The stronger your evidence of worsening symptoms, the harder it is for them to deny aggravation.

Does it help my claim if my pre-existing condition was asymptomatic before the crash?

Quick answer: Yes, significantly. Asymptomatic pre-existing conditions that become symptomatic after an accident typically result in higher compensation because the accident clearly caused your current problems.

What to do:

• Tell your doctor immediately: Ensure your medical records state "patient had no symptoms from this condition before the accident" or "condition was asymptomatic until the crash". 
• Gather pre-accident evidence: Collect records showing you weren't seeking treatment.
• Get specialist opinion: A medical expert report stating "the accident activated a previously dormant condition" or "the trauma caused a silent condition to become symptomatic" strengthens your claim considerably.

Important note: If you wait months to mention the condition was asymptomatic, insurers will question why you didn't say so initially.

How do I respond if the insurer says my age or arthritis caused the need for treatment?

Quick answer: This is a common insurer argument called "natural progression". You counter it with medical evidence (causation) showing the accident accelerated your need for treatment or ‘caused’ symptoms years earlier than expected.

What to do:

• Get expert medical opinions: Engage specialists who can state, "while some deterioration was expected over 10-20 years, the accident caused immediate significant worsening requiring treatment now". 
• Provide pre-accident functionality evidence: Show you were managing well before the crash (e.g., working full-time, playing sports, no regular treatment). The sudden change after the accident proves causation.
• Obtain prognosis evidence: Medical reports should explain "without the accident, treatment likely wouldn't have been needed for X years" or "the accident advanced the condition's timeline significantly".

Important note: When a pre-existing condition exists, the law requires damages to be apportioned. You are still entitled to compensation for the part caused by the accident.

Will a previous car accident injury prevent me from claiming for a new accident?

Quick answer: No, but it complicates your claim. You can claim for the new accident's impact, but insurers will scrutinise whether it’s a re-injury or ongoing symptoms from the first accident.

What to do:

• Establish your baseline: Document your condition before the second accident.
• Get detailed diagnostic imaging: New scans after the second accident, compared to previous scans, can show fresh structural damage.
• Obtain specialist differentiation: Medical experts should clearly distinguish old injuries from new ones and provide evidence.

Important note: If you haven’t fully recovered from the first accident, you can only claim for the additional worsening caused by the second accident.

Can I claim for psychological injuries if I already had anxiety or depression?

Quick answer: Yes. If the car accident worsened your mental health, caused PTSD, or triggered a relapse, you can claim for that.

What to do:

• See a psychologist or psychiatrist promptly: Get a professional assessment within weeks of the accident, documenting how your mental health has changed.
• Provide pre-accident mental health evidence: Provide records showing stable treatment.
• Document accident-specific triggers: Keep notes of how accident-related factors worsen symptoms.

Important note: Psychological injury claims require clear medical evidence linking the accident to your worsening mental health. This means documented diagnosis and treatment.

Is it fair for an insurer to reduce my claim because of a pre-existing condition?

Quick answer: Maybe, but probably not without proper assessment. Apportionment should be based on medical evidence, not arbitrary percentages. Insurers often start with lowball offers, hoping you'll accept without proper legal advice.

What to do:

• Request detailed apportionment justification: Ask the insurer for the medical basis of their reduction.
• Obtain an independent medical assessment: Get your own specialist reports addressing apportionment.
• Challenge unsupported reductions: If the insurer's apportionment lacks a solid medical foundation, reject the offer and negotiate based on your evidence.
• Seek legal advice immediately: Lawyers experienced in CTP claims can assess whether the apportionment is reasonable and negotiate for proper compensation.

Important note: Don't accept initial insurer offers involving pre-existing conditions without legal advice. These claims are complex, and insurers routinely undervalue them.

Step-by-Step Process for Claims with Pre-Existing Injuries

1. Disclose pre-existing conditions honestly – Tell doctors about prior injuries and explain how they have worsened since the accident.‍
2. Gather pre-accident medical records – Collect GP notes, scans, and reports to establish your baseline condition before the crash.‍
3. Lodge your Notice of Accident Claim (NOAC) – List all injuries, including aggravated conditions, and submit it to the at-fault insurer within 9 months.
4. Follow all treatment recommendations – Attend appointments, complete treatment, and keep records to show injury severity.‍
5. Obtain specialist medical reports – Seek expert opinions on causation, aggravation, and apportionment.
6. Attend the compulsory conference – Use medical evidence to negotiate a settlement with legal support.
7. ‍Consider court proceedings if needed – If the settlement fails, proceedings can be started within 3 years of the accident.
   

Documents you'll need:

• Pre-accident medical records – GP notes, specialist reports, scans, and prescriptions from at least 12 months before the accident to show your baseline condition and level of treatment.
  
• Post-accident treatment records – All medical visits, tests, therapy, and prescriptions since the crash. Showing consistent treatment is critical.
  
• Medical specialist reports – Independent opinions addressing what existed before the accident, what changed after it, and the extent of aggravation.
  
• Work capacity evidence – Pre-accident income and employment records, plus post-accident certificates showing reduced capacity or inability to work.
  
• Functional impact diary – Personal notes comparing what you could do before the accident versus now.

Legal Framework

Primary legislation: Motor Accident Insurance Act 1994 (Qld) governs how car accident claims are processed, including notice requirements and damage assessment principles.

What this means for you:

• You must follow strict procedural steps, including lodging your NOAC within the required timeframes and providing detailed medical evidence as requested by insurers. Missing deadlines or steps can result in your claim being rejected.
• The Act aims to balance fair compensation with reasonable limits on claims, which means claims involving pre-existing conditions will be carefully scrutinised and apportioned based on medical evidence.
• Queensland law recognises aggravation as compensable, but insurers can reduce payments to reflect the portion of your condition attributable to pre-existing factors rather than the accident.

Red Flags and Warning Signs

When to act immediately:

• Insurer denies your claim due to a pre-existing condition – A claim cannot be rejected solely because you had a prior injury and it was aggravated by the accident.
  
• Early settlement offers after lodging the NOAC – Fast offers are often low and premature, before the full extent of injury is known. Do not accept without independent advice.
  
• Multiple Independent Medical Examinations requested – Repeated IMEs may signal attempts to minimise your injuries. Legal advice can limit unreasonable examinations.
  
• Told to stop treatment despite worsening symptoms – Ceasing medically necessary treatment can harm both your recovery and your claim.
  
• Threats to withdraw benefits unless you settle – Insurers cannot arbitrarily stop legitimate treatment. 

Common mistakes to avoid:

• Hiding pre-existing conditions – Insurers access your full medical history. Non-disclosure destroys credibility and risks claim denial.
  
• Accepting the first settlement offer – Early offers in aggravation claims are usually undervalued.
  
• Delaying medical treatment – Treatment gaps weaken your case.
  
• Stopping treatment too early – Insurers may argue you’ve returned to your pre-accident baseline.
  
• Giving recorded statements without advice – Insurers use these to minimise aggravation.

When to Seek Legal Advice

Get advice as early as possible, especially if:

• You have a pre-existing injury or condition – Even minor issues complicate claims. Early advice helps document aggravation properly.
  
• The insurer disputes causation or “natural progression” – These arguments require strong medical and legal evidence.
  
• Your claim is denied or undervalued – Low offers are common where pre-existing conditions exist and can be challenged.
  
• You’re unsure how to separate old and new injuries – This is the core issue in aggravation claims and needs expert input.
  
• A psychological condition was worsened – Mental health aggravation claims are complex and evidence-heavy. Skilled professionals should be on hand.
  
• Your work capacity is permanently affected – You may have TPD insurance entitlements alongside your CTP claim.

Why early legal advice matters:

• Understand your full rights and entitlements – Aggravation, causation, and apportionment are complex. Early advice prevents unfair outcomes.
  
• Access treatment and rehabilitation sooner – Lawyers can push insurers to approve necessary care without delay.
  
• Protect your claim from common mistakes – Early guidance avoids evidence gaps, procedural errors, and weak documentation.
  
• Meet all critical deadlines – Legal support ensures compliance with the 9-month NOAC and 3-year court time limits.

Key Takeaways

Remember these essential points:

• Pre-existing injuries don't prevent car accident claims; you can claim for aggravation of any condition that the accident worsened, even if you had the condition for years before the crash.

• Disclose pre-existing conditions honestly to doctors and insurers; transparency strengthens rather than weakens your claim by demonstrating credibility and allowing proper medical assessment.

• Medical evidence differentiating pre-existing conditions from accident-related aggravation is absolutely critical; gather pre-accident records and obtain specialist opinions explaining how the accident has worsened your condition.

• Insurers will try to reduce compensation through apportionment; they assess what portion of your current condition is due to the pre-existing condition vs. the accident, which can directly impact your settlement amount.

• Get early legal advice for any claim involving pre-existing conditions; these claims are significantly more complex than average injury claims, and insurers routinely undervalue them, banking on claimants not fully understanding what’s at stake.

Get Help Now

The claims process for aggravated injuries is complex, and insurers will look for any reason to reduce your payout. Don’t let them. Seek legal advice early on.

Contact Smith's Lawyers today:

• Call 1800 960 482 for a free, no-obligation consultation with experienced car accident lawyers who understand Queensland's CTP scheme and pre-existing condition claims
• No upfront costs: We operate on a No Win, No Fee, No Catch® basis, which means you don't pay legal fees unless we win your claim
• Request a call back: Use the form below to have our experienced team contact you at a time that suits you

Don't let insurers undervalue your claim because of a prior injury. Contact us today and protect your rights.