You fractured your arm about a year ago and have worked hard to recover since then, going to your follow-up appointments, keeping up with your physical therapy, and finally reaching a point where your daily tasks felt easy again. On your way home from work one day, another driver runs a red light and hits your car. The impact throws your arm against the door – and at the hospital, the doctor tells you the accident has rebroken the same bone in your arm.
Now, you’re dealing with a longer recovery than you expected, with more medical bills and time away from work. You’re also worried that the other driver’s insurance company will say that the crash didn’t cause your injury. How do you explain your condition? You know you didn’t cause the crash, but it feels like the insurance company is already preparing arguments against you.
Rebreaking a bone in a car accident can disrupt your work, your routine, and your sense of stability even worse than your original injury. These situations may feel overwhelming, but the experienced attorneys at Sepulveda Sanchez Accident Lawyers understand how these injuries affect your daily life and your long-term health. We’re here to fight for you under California’s eggshell plaintiff law to get the full compensation you deserve after a car accident.
Can You File a Claim If a Car Accident Rebreaks an Old Injury?
Yes, you can still file a personal injury claim if an accident aggravates a previous injury. After all, you shouldn’t have to simply accept a re-broken bone and the impact that can have on your day-to-day life. If another driver caused the crash, you can seek financial compensation for your new damages, including the added pain and the treatment you now need.
Many people hesitate to file because they think an old injury will weaken their claim. In reality, these cases are common, and the law doesn’t expect your body to withstand another impact without consequence. What matters is showing how the accident changed your condition.
You can strengthen your claim by taking steps such as:
- Getting immediate medical attention so a doctor can document the new fracture.
- Keeping detailed, daily records of your pain levels and mobility changes.
- Saving all of your receipts for medications, imaging, and follow-up care.
- Notifying your healthcare providers about your prior injury so their notes are accurate.
You don’t have to prove that you were in perfect health before the crash. You only need to show that the accident made your condition worse. With a clear record of your symptoms and treatment, you can pursue a settlement that reflects the full impact of your reinjury.
How Does California Law Handle Pre-Existing Conditions?
California law follows the eggshell plaintiff rule, which means the driver who’s at fault for the crash is legally responsible for the harm they caused you, even if you were more vulnerable to injury because of a pre-existing condition, such as a previously broken bone. If your bone was still healing or never regained its full strength, that doesn’t reduce their responsibility.
Insurance companies often attempt to argue that a previous injury limits the amount they should pay; however, California law does not support this approach. Instead, the law focuses on the difference between how you felt before the collision and how you feel after. If the crash increased your pain, reduced your mobility, lost you more time at work, or forced you back into treatment, those changes are part of your claim. You’re protected under this rule because:
- Your medical history does not cancel out your rights to compensation.
- The at-fault driver remains responsible for the harm caused by their negligence.
- If the accident made your previous injury worse, your settlement should include additional compensation for this aggravation.
This legal approach gives you a fair path to recovery when you’re dealing with the stress of a reinjury. The law recognizes that your condition would have remained stable – or continued to improve – if you hadn’t rebroken your bone in the crash.
Will the Insurance Company Try to Deny Your Claim?
Unfortunately, it’s common for insurance companies to question any claim involving a pre-existing injury. An adjuster may argue that the pain you’re feeling would’ve happened anyway or that the bone wasn’t fully healed before the crash. These tactics can leave you feeling frustrated, especially when you know the accident clearly changed your condition.
Ultimately, an insurance company’s goal is to reduce what it pays, and a pre-existing injury gives it an angle to push back. The insurer may downplay your reinjury or suggest that the collision wasn’t strong enough to cause new damage. None of this means that your claim is invalid – it simply means you should be prepared for the arguments you may face.
Some common strategies insurers use include:
- Claiming Your Current Pain Is Related to the Old Injury – The insurance company may try to argue that your symptoms are the same ones you had before the accident. They might try to blur the line between your previous discomfort and the new pain after the crash. If an insurance adjuster can convince you that your reinjury isn’t new damage, they’ll argue that you’re entitled to less compensation.
- Suggesting You Didn’t Follow Previous Treatment Instructions – Insurers may try to shift the blame by saying you didn’t take proper care of your injury the first time. They may claim you skipped appointments, failed to rest, or ignored restrictions. The goal is to suggest that the reinjury is your fault rather than the result of the crash.
- Asking for Wide Access to Your Medical History – An insurance company may try to request medical records that go far beyond what’s actually relevant. This can include years of unrelated medical visits. Broad requests often serve as a way to search for anything they can use against you. Legally, you have the right to provide only what is necessary to process the claim, not your entire medical past.
- Offering a Low Settlement That Ignores Your Aggravated Condition – You might receive a quick settlement offer that seems convenient, but doesn’t pay for the extended recovery you now face. These lowball offers often overlook the added medical care, increased pain, and time away from work caused by your reinjury. Accepting a low settlement too soon can leave you paying the price for your reinjury.
When you know these tactics, it’s easier to respond without feeling pressured. You’re allowed to pursue compensation for new pain, new limitations, and additional treatment caused by the crash. You don’t have to accept the insurer’s interpretation of your medical history – and an experienced personal injury lawyer can make sure you’re fully covered.
How Your Medical Records Help Prove Your Claim
Your medical records play a central role in showing how the accident changed the condition of your injury. They tell the story of your injury before the crash, what happened during the collision, and how your symptoms worsened afterwards. Clear documentation helps illustrate the distinction between your recovery path and your situation following the accident.
Detailed medical records help create a timeline that supports your claim. When the insurance company tries to argue that your reinjury didn’t happen, your medical records can make the facts more straightforward. They also provide details that you may not remember later, especially when you’re dealing with ongoing pain or multiple appointments. Helpful records include:
- Imaging such as X-rays, CT scans, and MRIs that reveal the new fracture or worsening damage with a clear difference in the condition of your bone before and after the crash.
- Progress notes from before the crash that show how your original injury was healing.
- Treatment plans for your injury that changed after your accident, such as updated recommendations for surgery, therapy, or medication.
- Doctor’s notes or notes from physical therapy that document changes in your strength or mobility, including movement limitations and pain responses.
You can also keep your own notes about your pain levels, sleep problems, and activity limits. These personal records help fill in the daily impact that medical charts often fail to capture. When combined, this information shows the full effect of the accident and supports your right to seek compensation for the aggravation of your injury.
A car accident that rebreaks a bone is likely to leave you dealing with more pain, more treatment, and more financial strain than before. You may also face an insurance company that questions your medical history and tries to shift responsibility away from the driver who caused the crash. Fortunately, you have rights – and an experienced personal injury attorney can help.
At Sepulveda Sanchez Accident Lawyers, our firm assists individuals across California who require support after an accident exacerbates a pre-existing condition, such as a broken bone. We know how to present medical records, communicate with insurers, and fight for a settlement that reflects the full extent of your injuries. Contact us now to begin with a complimentary case consultation.