If you had back, neck or joint pain before a crash, an insurer may argue that your current problems came from the older injury. That can make your claim harder to explain when the collision left you in more pain or made everyday tasks harder.
Having an older injury does not bar a claim under New York law. You may seek damages for the added pain or disability the crash caused. If New York’s no-fault law applies, you generally have to meet the state’s serious injury rule before you can recover damages for pain and suffering.
What changed after the crash?
You do not have to claim that every symptom began with the collision. Instead, the focus falls on how your health became worse afterward.
You might have dealt with mild back pain before the crash but now have stronger pain more often. You may also have more trouble doing things that were easier before. Your claim focuses on the added harm from the crash rather than treating an older condition as a new injury.
How medical records help
Older medical records show what problems you had before the collision. They can help explain how often you sought care and what symptoms you reported at the time.
Your later records show what happened after the crash. They could document stronger symptoms or more frequent treatment. When you give your doctor an accurate history, the notes may also help separate the problems you already had from those that became worse after the collision.
Keep your treatment history together
Consider keeping records from both before and after the crash instead of leaving out earlier care. You could also keep brief notes about changes in your symptoms or what became harder to do. A complete treatment history gives you useful records as you handle your claim after a car accident.