If the insurance company is claiming your injury "isn't from the accident," you are not out of options. This is one of the most common tactics insurers use to deny or shrink injury claims, and it can often be overcome with the right medical evidence and legal strategy. Under Illinois law, you can still recover compensation even if you had a pre-existing condition, as long as the accident caused a new injury or made an old one worse.

Here's what this denial really means, why insurers do it, and what you can do about it.

Why Do Insurance Companies Dispute What Caused an Injury?

When an insurer can't deny that the accident happened, the next best strategy is to deny that the accident caused your injuries. This is called a causation dispute, and adjusters typically build it on a few familiar arguments:

• "It's a pre-existing condition." The insurer combs through your medical history looking for any prior complaint, an old back strain, a previous chiropractor visit, and blames your current pain on it.
• "It's just degeneration." Imaging often shows age-related changes like disc degeneration or arthritis, even in people with no symptoms. Insurers point to these findings and claim your pain would have happened anyway.
• "You waited too long to see a doctor." A gap between the accident and treatment, even a few days while you hoped the pain would pass, gets spun as proof you weren't really hurt.
• "The impact was too minor." In crash cases, insurers argue that low vehicle damage means low injury, even though serious soft-tissue and spinal injuries regularly occur in lower-speed collisions.

Remember, the adjuster's job is to protect the insurance company's bottom line. A causation denial is a negotiating position; not a medical conclusion, and not the final word.

Can I Still Recover if I Had a Pre-Existing Condition in Illinois?

Yes. Illinois follows what's often called the "eggshell plaintiff" rule. A negligent party takes the injured person as they find them. If you were more vulnerable to injury because of a prior condition, that is not a defense. And if the accident aggravated a pre-existing condition, turning a manageable back issue into constant, disabling pain; that aggravation itself is compensable.

The key legal question isn't whether you were in perfect health before the accident. It's whether the accident caused a new injury or worsened an existing one. Medical records, imaging comparisons, and testimony from your treating physicians can draw a clear line between your condition before and after the crash.

How Do You Prove Your Injury Came From the Accident?

Winning a causation dispute comes down to evidence. The strongest cases typically include:

1. Prompt and consistent medical treatment. Seek care as soon as symptoms appear, describe exactly how the accident happened, and follow your treatment plan without unexplained gaps.
2. Treating physician opinions. Your own doctors, who examined you before and after, or tracked your recovery can offer opinions connecting your injuries to the accident.
3. Before-and-after evidence. Prior medical records showing you were symptom-free, plus testimony from family, coworkers, or friends about how your daily life changed.
4. Imaging and diagnostic comparisons. New MRI or X-ray findings compared against older studies can show fresh injury on top of any degeneration.
5. Expert medical review. In contested cases, an independent medical expert can rebut the insurer's hired reviewer point by point.

An experienced personal injury attorney knows how to assemble this record and how to push back when an insurer's "independent" medical exam is anything but.

What Should I Do Right Now?

Don't accept the denial, don't give a recorded statement, and don't sign broad medical authorizations that let the insurer dig through your entire health history. Keep treating with your doctors, keep every record, and contact one of our experienced personal injury attorneys here at Parente & Norem. Illinois injury claims also carry strict filing deadlines (generally two years for most personal injury cases) so waiting can cost you your claim entirely.

Frequently Asked Questions

Can the insurance company see my old medical records? Only with your authorization or through the legal process, and the scope can often be limited. Never sign a blanket release without legal advice.

What if my pain didn't start until days after the accident? Delayed symptoms are medically common, especially with soft-tissue, spine, and head injuries. Prompt documentation once symptoms appear is what matters.

Does a causation denial mean my case is over? No. Many denied claims are later resolved through negotiation or litigation once proper medical evidence is presented.

Call Parente & Norem For A Free Consultation

If an insurance company is telling you your injury "isn't from the accident," let us review your claim before you accept anything. The Law Offices of Parente & Norem, P.C. has fought and won  causation disputes for injured people across Chicagoland. Your consultation is free, and you pay no attorney's fees unless we win.

Call or text us today at 312-641-5926 or contact us online to get started.

This article is for informational purposes only and does not constitute legal advice.