The car insurance company's attorney says my injury was pre-existing. How do I prove it wasn't?
The other party's insurance company may try to prove your injury existed before the car accident, and if so, you would receive no money for that injury. If the accident made the injury worse but didn’t cause it, you may receive less money to compensate for that injury. To prove the pre-existing condition, the other party will legally demand (subpoena) your medical records, sometimes going back many years before the accident. For example, you were driving a stick shift when you were rear-ended, and your right elbow was pushed into the gearshift knob. Your doctor diagnoses you with a severely strained lower arm and elbow. From your medical records, the other party sees you had tennis elbow two years earlier. Opposing counsel will try to prove that you have a pre-existing injury or simply aggravated the old tennis elbow.
How does your attorney prove it is a completely new injury? Your doctor’s records and possibly your doctor’s testimony would have to show the old condition was completely resolved with no residual pain. Consult an auto accident attorney for advice on your specific situation. | 
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