Uber Accident With a Pre-Existing Injury in Texas

You were taking an Uber home from a late meeting near Congress Avenue when another driver ran a light and slammed into your side of the car. Your lower back, the same back that had surgery two years ago, now feels far worse than it did that morning. Now the adjuster keeps circling one question: wasn’t that pain already there?

Can You Still Recover With a Pre-Existing Injury?

Yes. A prior injury, surgery, or chronic condition does not disqualify you from compensation after an Uber crash. The law does not expect you to have been perfectly healthy before the wreck.

When an insurer points to your medical history, it is usually building one argument: that the crash did not cause your pain, so it should not have to pay. That argument sounds reasonable, but it is not how injury claims work.

A crash that makes an existing problem worse is still a harm someone caused you. You are not claiming the old injury. You are claiming the new damage from the wreck.

The size of that claim depends on real factors, not on whether your injury record is spotless.

How the Eggshell Plaintiff Rule Works in Texas

The eggshell plaintiff rule means the at-fault party takes you as they find you. If your body was more fragile going in, that is their problem, not yours. They are responsible for the full harm the crash caused, even harm a healthier person might have avoided.

This protects you, but it does not erase a key distinction. Recovering for a brand-new injury and recovering for the worsening of an old one work differently.

• New Injury From the Crash: A new injury is the simpler case. The crash harmed a body part with no prior history, so the cause is clear. Your records center on the fresh diagnosis and the treatment that followed.
• Aggravation of a Pre-Existing Condition: A rideshare crash that aggravates an injury you already had is the harder case, but still a real claim. You recover compensation based on the worsening injury, such as the added pain, the new limits on what you can do, and the extra treatment you now need. This is why your old records help you instead of hurting you. They set the line that shows how much worse things got.

How Uber Insurance Coverage Applies

Which policy pays for your Uber crash depends on the driver’s app status at the moment of the wreck. Texas Insurance Code Chapter 1954 sets the coverage required at each stage of a trip. App off means only the driver’s personal policy; app on waiting means limited contingent coverage; en route or trip in progress means up to $1 million in coverage.

When fault is shared, Texas applies proportionate responsibility under the Texas Civil Practice and Remedies Code Chapter 33.

How Insurers Use the IME and Your Medical Records

Expect the adjuster to ask for years of prior medical records. This is a standard tactic to argue your pain predates the crash.

Consistent before-and-after documentation shows where you started and how far the crash set you back. You generally have two years from the crash date to file under Texas Civil Practice and Remedies Code (CPRC) Section 16.003.

Talk to a Knowledgeable Attorney

A pre-existing condition does not have to sink your Uber claim, but the insurer will treat your medical history as its best weapon. Angel Reyes & Associates has spent over 30 years helping injured Texans push back against insurance tactics like these.

We work on a contingency basis with no fee unless we win, and more than $1 billion recovered for clients. Contact us for a free consultation.

Past results do not guarantee future outcomes.