I had a pre-existing injury
You already had an old injury, and worry nobody will believe this accident made it worse.
Worrying that an old injury will be used to dismiss your claim is a common, quiet fear that keeps people from even trying. Malaysian claims can generally cover how an accident worsened an existing condition, not only injuries that started from nothing. The key is showing the difference the accident actually made.
Why this worry feels so personal
An old back problem, a previous fracture or a long-standing condition can feel like a weakness the other side will use against you. It is easy to imagine an insurer simply pointing at your history and dismissing everything that followed the accident.
That is not how the assessment actually works in practice.
What can genuinely be claimed
Damages are assessed on your medical evidence and prognosis, which includes how the accident affected a condition you already had.[1] A specialist medical report can distinguish between your baseline condition before the accident and the additional harm, pain or limitation caused by it.
This is why a thorough road accident claim leans so heavily on medical evidence rather than a simple description of the injury.
What to do to support this part of your claim
A few steps make the distinction easier for a specialist to draw clearly.
- Be upfront with your treating doctor about your medical history from the start.
- Try to obtain records or summaries of your condition before the accident.
- Describe specifically what changed: new pain, reduced movement, or a setback in recovery.
- Let the specialist medical report address the difference directly, rather than avoiding the subject.
The honest limits
An insurer may still raise your history as a point of dispute, and a genuinely unclear medical picture can make this part of the claim harder to prove. Being honest and thorough about your history from the outset is a stronger position than one built on leaving it out.
What to do next
An old injury is a detail to explain clearly, not a reason to stay silent about a new harm caused by someone else’s driving. If your recovery has become ongoing pain may also be relevant, and do you need a lawyer is a reasonable next step.
Common questions
Can I claim if I already had a similar injury before the accident?
Generally yes, for the extra harm the accident caused. A specialist medical report can distinguish between your prior condition and how the accident made it worse, which is what the claim is actually based on.
Will the insurer just say the injury was already there?
They may raise it, which is exactly why a clear medical report addressing your history and the accident's specific effect matters. It is a point to prepare for, not a reason to abandon the claim.
Should I hide my medical history to avoid this issue?
No. Being upfront about your history, supported by a proper medical assessment of what changed, is far stronger than an account that unravels if your history comes out later.
What if I cannot get my old medical records?
Ask your regular clinic or hospital for a summary of your history, since most keep records for a considerable time. Even a general description of your condition before the accident can help a specialist form a clear opinion.
Sources
- EasyLaw, reproduction of Civil Law Act 1956, s.28A (accessed 2026-09-22)