How Prior Injuries Impact Your Personal Injury Claim: What Insurance Companies Know

Here’s the truth: if you file a personal injury claim, every piece of your past becomes fair game. Your medical history. Your prior accidents. That fender bender five years ago you forgot about? The insurance company didn’t. They pulled it up in 10 seconds.

And they’re coming for it.

This isn’t meant to scare you—it’s meant to prepare you. One of the biggest threats to your case isn’t the defense attorney, the adjuster, or the judge. It’s surprise information you didn’t think mattered. And trust me, they’re looking for it.

How they do it: subpoenas and ISO searches

Let’s break it down.

When you claim injuries in a case, defense attorneys are going to issue subpoenas for your entire medical history—not just from the date of the accident forward. They’ll look for anything they can argue was pre-existing: back pain, old surgeries, ER visits, even therapy sessions if you’re claiming emotional distress.

Then there’s the ISO ClaimSearch database. Ever heard of it? Probably not. It’s a private tool used by almost every insurance company in the country. It tracks every claim ever filed in your name—or even just connected to your name. Auto accidents. Workers’ comp. Property claims. If you were involved in something even tangentially, there’s a record.

So no, you can’t hide that 2018 whiplash claim from that Lyft crash. They already know.

What happens when they find something you didn’t disclose?

They’ll weaponize it. And honestly, it doesn’t even matter whether that prior injury is relevant or not. If they catch you in a lie—or even a perceived omission—it undermines your credibility. And when that happens, your case value plummets. Fast.

I’ve seen great cases go up in smoke because a client said, “I’ve never been injured before,” only for the ISO report to show they had a soft tissue claim from a car accident four years earlier. That claim had resolved. The client recovered. But the damage was done.

The defense didn’t have to prove the old injury caused the new one. They just had to prove the client wasn’t being fully honest. And that was enough.

So what should you do? Be real. Be thorough. Be upfront.

Tell your attorney everything—even if you think it’s not relevant. We’re not here to judge you. We’re here to protect you. But we can’t do that if we don’t know the full picture.

Here's what I tell every client:

1. List every prior accident, injury, or insurance claim—auto, work, or otherwise. If you filed it, saw a doctor for it, or told your insurance about it, tell me.

2. Don’t try to “memory hole” anything. If you’re unsure, say that. We can verify. But don’t gamble with “they’ll never find it.” Because they will.

3. Be consistent. What you say to me, the doctor, the IME, and the defense needs to line up. If you tell your chiropractor something different than what you put in your deposition, you’re handing them ammunition.

4. Remember: disclosure does not equal weakness. Prior injuries don’t automatically kill your case. But hiding them almost always does.

This is about credibility.

I’ve gone to battle for clients with significant injuries and long medical histories—and still won. Because we owned the narrative before the defense could spin it. We told the truth. We showed the difference between past and present. We were consistent. That’s what wins cases.

But the moment the defense feels like they’ve caught you hiding something, they’ll stop talking settlement and start prepping trial. And they’ll paint you as dishonest, exaggerating, and opportunistic. Even if you’re not.

So don’t let that happen. If you want a strong case, you have to build it on the truth. Let me worry about how to argue it. Just give me the facts, straight up.

Hani A. Habbas is a civil rights and personal injury attorney practicing in California and Washington, D.C. He leads HH Law Firm, A Professional Law Corporation. If you’ve been injured and want honest representation that actually protects you, contact Hani at hani@hhlawfirm.law or (949) 617-5901.

If you've suffered an injury and are considering filing a personal injury claim, it's crucial to understand how pre-existing conditions and prior injury claims can affect your case. Insurance companies often utilize tools like ISO ClaimSearch to uncover your complete claims history, including any previous accidents, workers' compensation claims, or property damage reports. Failing to disclose this information can significantly undermine your credibility and the strength of your case. At HH Law Firm, we specialize in navigating these complexities, ensuring that your personal injury claim is handled with transparency and integrity. Our experienced attorneys are committed to protecting your rights and securing the compensation you deserve.

This article addresses common questions and concerns, including:

• How do pre-existing conditions affect personal injury claims?
  

• What is ISO ClaimSearch, and how do insurance companies use it?
  

• Why is full disclosure of prior injuries important in a personal injury case?
  

• Can I still file a claim if I have a history of previous injuries?
  

• What steps should I take to protect my personal injury claim?
  

• How can an attorney help navigate issues related to prior injuries and claims history?