I had a pre-existing injury
You already had an old injury, and worry nobody will believe this accident made it worse.
An old injury does not stop a claim. 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 made.
Why your history does not end the claim
An old back problem or a previous fracture can seem like something an insurer will use to dismiss everything that followed. The assessment looks at what changed because of the accident.
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 road accident claim relies on medical evidence, not a description of the injury alone.
How to support this part of your claim
These steps help a specialist draw the distinction.
- 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.
If the insurer raises your history
An insurer may still dispute your history, and an unclear medical picture can make this part harder to prove. Being thorough about your history from the start is a stronger position than leaving it out.
What to do next
An old injury is a detail to explain, not a reason to stay silent about new harm. If your recovery has become ongoing pain may also apply, and do you need a lawyer covers the next step.
When the insurer points to your old injury, an independent lawyer can take the claim on with that in mind. For the first contact, share general dates, location, case status and a short summary only. Keep documents private. Only after an identified lawyer or law firm contacts you and specifically asks for them should you provide that identified lawyer or firm with the accident date, where it happened, whether anyone was injured (yes/no), any earlier records, and the police report status.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
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)
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.