When a Car Accident Aggravates a Pre-Existing Condition
General guidance and telehealth support for people whose existing condition was made worse by a motor vehicle accident under a CTP claim in NSW.
Overview
Many people already have an existing condition, such as ongoing back or neck problems, before they are involved in an accident. A collision can aggravate these conditions, making symptoms worse or bringing on new problems. People often worry that having a prior condition will prevent them from claiming. This page explains, in general terms, what an aggravation can mean for accessing medical care.
The CTP scheme is concerned with injuries caused by the accident, and this can include the aggravation of a condition that existed beforehand. Clear medical documentation that describes your condition before the accident and how it changed afterwards is particularly important in these situations. How an aggravation is assessed depends on the circumstances and the scheme, so it is important to check SIRA and consider seeking legal advice. This is general information only and not advice about your particular claim.
This is general information, not legal advice — for the scheme rules check SIRA, and for legal questions speak to a solicitor.
Key points
- An accident can aggravate an existing condition, not just cause new injury
- Having a prior condition does not automatically prevent a claim
- Clear before-and-after documentation is especially important
- How an aggravation is assessed depends on the circumstances and the scheme
- Check SIRA and consider legal advice for your specific situation
How we help
We focus on the medical side, assessing your current symptoms by telehealth, documenting how your condition has changed since the accident and providing the certification the scheme requires. Where appropriate, we coordinate physiotherapy, psychology and exercise physiology to support your recovery. Questions about how an aggravation affects your entitlements are best directed to SIRA or a solicitor.