Last updated · General information, not legal advice
Overview
A surprising number of CTP disputes come down to this: the insurer says your ongoing pain isn't from the accident, it's from something you already had. If you had a bad back, an old shoulder injury, or a pre-existing psychological condition before the crash, and the accident made it noticeably worse, you generally still have a claim — for the aggravation, not necessarily the whole condition. The key issue is medical evidence that clearly separates what existed before the accident from what changed because of it.
Key points
- You can generally claim for the aggravation of a pre-existing condition, not just new injuries
- Medical evidence comparing your before-and-after presentation is central to these claims
- Insurers commonly dispute aggravation claims by attributing symptoms to the prior condition
- Your GP's pre-accident records can be some of the most useful evidence you have
- These disputes often end up needing an internal review or the Personal Injury Commission
Your situation
Work out where you stand
How we help
A free claim check helps you understand what evidence supports an aggravation claim and what the insurer is likely to argue. If the insurer has already pushed back, or you can see this becoming a dispute, we'll connect you with an independent lawyer who handles disputed CTP injury claims — this is a technical, evidence-heavy area where legal advice is often worthwhile. The doctor who treated you before the accident, alongside one experienced with CTP claims now, is often your strongest source of the before-and-after evidence these claims need — not just a lawyer. See doctors and allied health for CTP claims for help finding the right providers.
What this means
You can generally claim for the aggravation, acceleration or exacerbation of a pre-existing condition caused by the accident, even though you can't claim for the underlying condition itself if it wasn't caused by the crash. This usually turns on medical evidence — ideally from a doctor who treated you before the accident as well as after, showing a clear change in your symptoms, function or need for treatment. Insurers commonly dispute these claims by attributing ongoing symptoms entirely to the pre-existing condition, which is one of the more common reasons this type of claim ends up before the Personal Injury Commission.
This is general information, not legal advice. Rules depend on your accident date and circumstances, and they change — check the current scheme rules with SIRA and get advice about your own situation.
