Car Accidents Over 50: How Aging Can Affect Injury Claims 

Getting into a car accident is stressful at any age, but for those over 50, the challenges can be even more significant, as noted by our team of car accident lawyers. Beyond the immediate concerns of injuries and medical bills, insurance companies may try to use your age and medical history against you. They often argue that your pain or injuries are the result of preexisting conditions rather than the accident itself. 

If you’ve been hurt in a crash and are being told that your injuries “aren’t from the accident,” here’s what you need to know—and how you can fight back. 

Insurance Companies and the Pre-Existing Condition Excuse An Older Couple Driving

Many people over 50 live with some degree of arthritis, back pain, or past injuries. That’s just part of aging. But that doesn’t mean a car accident can’t make things worse. Unfortunately, insurance companies like to take advantage of this by claiming that any pain you experience was already there before the crash. 

This tactic isn’t just unfair—it’s a way for them to avoid paying what you truly deserve. The reality is that even if you have a preexisting condition, an accident can aggravate it, making it much more painful and difficult to manage. When that happens, the at-fault driver is still responsible for the additional harm they’ve caused you. 

The “Eggshell Plaintiff” Rule: Why It Matters 

The law doesn’t let insurance companies off the hook just because you have a previous health condition. There’s a legal principle called the “Eggshell Plaintiff” rule, which means that an at-fault driver must take a person as they are. In other words, if someone has a fragile health condition and an accident makes it worse, the person responsible for the crash is still liable for the damages. 

For example, if you had mild arthritis before the accident but now struggle with severe pain that limits your daily activities, the insurance company can’t ignore that. They have to compensate you for the additional harm the accident caused—even if you were more vulnerable to injury than a younger person. 

Proving That an Accident Made Your Condition Worse 

If an insurance company is trying to blame your injuries on aging rather than the crash, you’ll need solid evidence to show how your condition changed after the accident. Here’s how you can strengthen your case: 

  • Medical Records: Having a clear history of your health before and after the accident is one of the best ways to prove that your injuries worsened because of the crash. If you don’t already have records, seeing a doctor immediately after the accident can help establish this difference. 

  • Doctor’s Testimony: Your physician can provide expert insight into how the accident affected your condition, explaining whether new injuries developed or existing ones worsened. 

  • Pain and Symptom Journals: Keeping a personal record of your pain levels, mobility changes, and how your daily life has been affected can serve as valuable evidence. 

  • Statements from Family and Friends: Those who know you best can describe how your health and abilities changed after the crash. 

Don’t Let Insurance Companies Undermine Your Claim An Older Model Car

Insurance companies are in the business of saving money, not looking out for your best interests. They may try to: 

  • Claim that your injuries were already there and had nothing to do with the accident. 

  • Request years of medical history to find anything they can use against you. 

  • Offer a low settlement quickly, hoping you’ll accept before realizing how much your injuries will actually cost. 

This is why it’s so important to speak with an experienced personal injury lawyer before accepting any settlement offer. The right attorney will know how to counter these tactics and fight for the compensation you deserve. 

Keller & Keller Can Help You Fight Back 

At Keller & Keller, we understand the unique challenges faced by individuals over 50 who have been injured in a car accident. We know how insurance companies operate, and we won’t let them take advantage of you. 

Our legal team has decades of experience handling personal injury claims, including cases involving pre-existing conditions. We know how to gather the right medical evidence, work with experts, and push back against unfair insurance tactics. 

If you’ve been hurt in a car accident and are worried about how your medical history might affect your claim, we’re here to help. Contact Keller & Keller today for a free consultation—we’ll review your case and help you understand your rights with no obligation. 

Call us now at 1-800-253-5537 or click here to get started. 

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