Can I File A Car Accident Lawsuit If I Have Been In An Accident Before?

If you have been involved in a car accident and are considering a lawsuit, you may be wondering whether a past accident will affect your ability to recover compensation. The good news is that, yes, you can file a car accident lawsuit even if you’ve been in a prior accident. However, the fact that you have been in past accidents could complicate parts of your claim. Here is what to know about filing a personal injury lawsuit following a car accident if you have filed before.

Filing A Lawsuit Is Not Affected

To answer the question right away: yes, you can still file a personal injury lawsuit even if one has filed one before, and you will follow the same steps in doing so. A history of car accidents does not prevent filing a new claim. If injuries occurred in a recent crash caused by someone else’s negligence, the right to seek compensation still exists. This may include damages for medical expenses, lost income, pain and suffering, property damage, and future medical needs. 

Some people have bad luck, and multiple accidents can happen to the same person over a lifetime. What matters most in the current case is not the accident history, but whether fault can be proven and specific damages can be shown as a result of this particular incident.

Prior Accidents Can Affect A Current Case

Although one has the right to file a personal injury lawsuit even if they have done so in the past, the current case can still be complicated by prior filings. If a previous accident resulted in injuries, especially those similar to the ones now being claimed, defense attorneys may argue that current pain and limitations are not the result of the recent accident, but rather a continuation of old injuries. For instance, if a lower back injury occurred in a crash five years ago and back pain is being reported again, the insurance company may attempt to deny or reduce compensation by asserting that the discomfort is not new.

One thing to note is that, even if there is a preexisting injury, compensation is possible. If the recent accident worsened an old injury or caused symptoms to flare up, damages may still be awarded. The key challenge is to clearly establish the difference between the baseline condition before the latest crash and the worsened condition afterward. Medical records, physician testimony, and imaging comparisons such as X-rays or MRIs play a crucial role in demonstrating how the injury changed following the most recent accident.

Do I Need to Disclose Prior Accidents?

Clients who have been in previous accidents might be tempted to withhold information about those previous accidents. This is not a good idea. 

Attempting to hide this information can backfire significantly if the defense discovers it, which often happens through insurance records, DMV reports, or medical histories. Being upfront with an attorney allows them to prepare for potential challenges or attacks on credibility.

Being honest also enables the lawyer to strategically present the prior accident in the most favorable way and to develop a clear plan for distinguishing current injuries from past ones. While having a prior accident does not mean that compensation is unattainable, failing to be transparent can harm the case more than the prior accident itself.

How Will Insurance Companies React?

Someone who is seeking compensation for a car accident, especially if they have previously done so, might be concerned about the insurance company’s reaction. Those fears are not unfounded. 

If there has been a prior accident, it is common for insurance companies to employ several tactics to challenge a new claim. One common strategy is requesting extensive medical records, often covering many years and sometimes including records unrelated to the current injury. The goal is to identify any inconsistencies or alternative explanations for the claimed injuries, which the insurer can use to dispute or reduce the claim. Additionally, insurance adjusters may attempt to downplay the severity of the new accident, arguing that it was too minor to have caused significant harm. This approach is especially common if there is a history of similar claims, as the insurer may suggest that the injuries are preexisting or exaggerated rather than directly caused by the recent crash. 

Additionally, clients should avoid making the mistake of oversharing on social media, particularly in these situations. Insurance companies sometimes engage in surveillance and closely monitor social media activity to gather evidence that could undermine injury claims. They may track daily activities, both online and in person, looking for signs that contradict the severity of the reported injuries. For example, if someone claims to have a debilitating arm injury but then posts videos or photos of themselves playing a sport or performing strenuous physical activities, the insurer might use this to argue that the injuries are not as serious as claimed or were not caused by the accident.

The Role Of An Experienced Car Accident Attorney

An experienced lawyer will thoroughly gather and analyze all relevant medical records to clearly differentiate new injuries from any preexisting conditions. They will collaborate closely with physicians and medical experts to document and explain how the current condition has worsened as a direct result of the recent accident. Anticipating the tactics insurance companies may use, the attorney will prepare to counter any arguments that attempt to minimize the claim based on prior accident history or injuries. If the attorney is unable to secure a fair settlement, an experienced car accident attorney can skillfully represent his or her client’s interests in court.

Contact A Knowledgeable Car Accident Attorney 

Those who have been in a car accident and have filed a personal injury lawsuit can still receive compensation. However, the road to a successful claim may be more complex. Insurance companies will use your history against you if they can, but with a skilled car accident attorney, thorough documentation, and a strong narrative, you can still secure the compensation you deserve.