Can You File a Car Accident Claim After a Prior Accident in Illinois?

It’s common to worry about this after a crash.

If you’ve been in a wreck before, you may wonder if a new claim will be “blocked,” or if the insurance company will say your pain is old and deny everything.

In most situations, you can still make a claim after a new car accident, even if you had a prior accident years ago (or even months ago). The tricky part is proof: separating what was already going on from what changed because of this crash.

This article explains the most common defense in these cases, why it can sound believable, why it’s often incomplete, and what evidence usually matters in Illinois.

The common defense: “This is an old injury, not a new one”

When you’ve had a prior accident, insurance companies often focus on one main theme:

They argue your current symptoms were caused by the earlier crash (or a prior condition), not the one you’re dealing with now.

Sometimes they’ll say you’re “just continuing treatment.” Sometimes they’ll say you “already had back problems.” Sometimes they’ll point to old imaging, old therapy notes, or old prescriptions and claim nothing is new.

This defense usually shows up early, including in adjuster questions like:

“Have you ever had pain here before?” “Have you ever been treated for this?” “Have you been in any other accidents?”

Why that argument can sound believable

This defense can sound convincing for a simple reason: people’s bodies carry history.

A prior crash may have caused a real injury that never fully disappeared. Or it may have healed, but left the area more sensitive. Or you may have had arthritis, prior surgery, or an old sports injury that was stable until this new wreck.

Also, many crash injuries share the same “popular” body parts: neck, low back, shoulder, knee, and wrist. So when a new crash affects the same area as an old one, it gives the insurer something to point to.

Insurers also rely heavily on written records. If one record says “neck pain for years,” and another record says “pain started after this crash,” they may argue the story is inconsistent.

That does not mean your claim is invalid. It means the claim needs careful, consistent documentation.

Why the defense is often incomplete

A prior accident does not give other drivers a free pass to injure you again.

In plain terms, the key question becomes: what changed after this crash?

Even if you had a preexisting condition, a new collision can:

Make symptoms come back after a quiet period, make a stable condition worse, add a new injury on top of an old one, or increase the amount of care you need (more visits, different specialists, new restrictions, or new testing).

Think of it like a limp that was mild and manageable, and then after a new crash it becomes severe enough that you can’t do your normal job duties. The “before” matters, but the “after” matters even more.

Also, a “normal” scan does not always mean “no injury.” Some problems are mainly shown by physical exams, function testing, and how symptoms behave over time. The goal is not to exaggerate. The goal is to show the most accurate picture of what you could do before, and what you can do now.

What evidence matters most when you’ve had prior accidents

In many Illinois injury claims, the value of a case rises or falls based on consistency and objective support.

Insurance reviewers tend to trust a claim more when the medical story makes sense from start to finish: prompt evaluation, clear complaints, reasonable testing, and a treatment plan that matches the problem.

That’s why documentation is so important in prior-accident situations. You are not just proving you’re hurt. You’re proving the difference between baseline and change.

If you want a simple overview of the kind of proof that often helps in these cases, start with the car-accident basics page here: Car Accidents.

Here are some of the records that commonly help separate “old” from “new” in a fair way:

• Prior medical records showing your baseline (how you were doing before this crash)
• New medical records starting soon after the crash (urgent care, ER, primary care, PT, specialists)
• Doctor notes that clearly connect restrictions to the crash (work limits, lifting limits, driving limits)
• Imaging reports (X-ray/MRI/CT) and, when possible, comparison language between older and newer studies
• Physical therapy measurements over time (range of motion, strength, function, tolerance)
• Work and wage records showing missed time, reduced hours, or job changes (if that happened)

Photographs, witness information, and the crash report can still matter too. If you want a practical checklist of what people usually gather, this post is a helpful companion: Common Types of Evidence in Car Accident Cases.

What insurance companies often look for in “prior accident” cases

When a prior crash is part of the story, insurers often watch for “red flags” that lower trust in the claim.

That doesn’t mean you did anything wrong. It just means you should know what tends to get questioned.

Common issues include long gaps in treatment with no explanation, switching the story about when symptoms started, describing severe limits that don’t match the care you received, and failing to tell doctors about relevant prior problems (which can later look like hiding the ball).

The safest approach is steady and evidence-driven: accurate history, consistent complaints, and records that show what changed.

What to do next if you’ve had a prior accident

If you’re reading this in Peoria or Central Illinois after a crash, here are practical steps that often help protect the truth of what happened.

• Get checked out and follow up. Some injuries show up days later, and early notes matter.
• Tell your provider about prior injuries, but be clear about what was stable before and what changed after this crash.
• Keep a simple timeline. Write down the crash date, first symptoms, first visit, and how daily tasks changed.
• Try to avoid unexplained gaps in care. If there is a gap (cost, scheduling, childcare, work), document the reason.
• Be cautious with broad requests for “all records.” In many cases, only certain time periods matter, and details matter.
• Be careful about what you post online. Photos and videos can be taken out of context.

If you already had an open claim or ongoing treatment before this crash, it becomes even more important to show a clean “before and after” picture.

And if you settled a prior case, remember: a new claim is usually about the new harm (or new worsening). It is not about getting paid twice for the same injury. That’s another reason the “change” evidence matters.

FAQs

Can the insurance company deny my claim just because I had a prior accident?

They can question it, but a prior accident does not automatically erase a new claim. The real issue is whether this crash caused new injuries or made an old condition worse, and whether the records support that change.

Do I have to disclose prior accidents or old injuries?

In most cases, hiding prior accidents is risky. Prior treatment and prior crashes often show up in medical histories and insurance records. It is usually better to address the history honestly and explain what was different before this crash.

What if the same body part was hurt in the earlier accident?

That’s common. The claim often turns on baseline versus change: were symptoms stable or resolved before, and did the crash cause a flare, new findings, new restrictions, or a need for different treatment? Clear medical notes can help answer that.

What if my pain didn’t start until a few days after the crash?

Delayed symptoms can happen, especially with soft-tissue injuries. If symptoms start later, it helps to document when they started, what you felt, and when you first sought care. Consistency across records is important.

What records help the most in a prior-accident situation?

Often, the most helpful records are the ones that show your functional baseline before the crash and the change afterward: prior notes, new notes, imaging reports (and comparisons if available), therapy measurements, and work restrictions tied to the crash.

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