Short Answer

In North Carolina, a prior neck condition does not defeat your claim. You can recover for any new injury or measurable aggravation the crash caused, even if you were more vulnerable than most people. You cannot recover for the pre-existing condition itself, only the worsening tied to the wreck. Clear medical proof that compares your “before” and “after” condition is key.

Understanding the Problem

In North Carolina, an injured person wants to know: can I recover for a crash that made my old neck issue worse? The decision point is whether the wreck caused a real change from your baseline and how the law measures that change for compensation. Here, the other driver’s insurer has accepted fault, so the focus turns to proving aggravation and linking your current symptoms and care to the crash.

Apply the Law

North Carolina follows two related rules. First, the “eggshell plaintiff” rule: the at-fault driver takes you as you are and is responsible for harms their negligence causes, even if you were susceptible. Second, for pre-existing conditions, you may recover only for the aggravation or activation caused by the crash, not for the underlying condition that would have existed anyway. The claim usually starts with the at-fault insurer; if settlement fails, you file a negligence lawsuit in state court (District or Superior Court, depending on the amount). The general deadline to file a personal injury lawsuit is three years from the crash, though special cases can have different rules.

Key Requirements

• Negligence by the other driver: The other driver failed to use reasonable care and caused the crash.
• Causation of aggravation: The wreck caused a new injury or a measurable worsening beyond the natural progression of your prior condition.
• Damages tied to the crash: Increased pain, disability, or medical treatment that flows from the crash-related aggravation.
• Medical proof and apportionment: Records and provider opinions that compare “before vs. after” and, when possible, separate crash-related aggravation from pre-existing issues.
• Reasonable and necessary care: Treatment and costs are appropriate for the crash-related condition.
• Timely action: Preserve the claim and file suit within the applicable deadline if settlement does not resolve it.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations) - Most negligence injury suits must be filed within three years; some sub-issues have special timing rules.
• North Carolina Gen. Stat. § 8-58.1 (Medical charges) - Addresses proof of medical bills as evidence of reasonableness and necessity.
• North Carolina Gen. Stat. § 8C-1, Rule 414 (Evidence) - Limits recoverable medical expense evidence to amounts actually paid or owed, which affects how damages are presented.

Analysis

Apply the Rule to the Facts: The other driver’s insurer has accepted liability, so negligence is not the fight; causation and damages are. Your ongoing neck and low-back symptoms and the start of physical therapy, medication, pain management, and MRIs help show a change from your baseline. Ask your providers to document how the crash aggravated your prior condition (for example, new numbness/tingling, new imaging findings, or increased restrictions). That “before vs. after” documentation supports the aggravation element and the reasonableness of your treatment.

Process & Timing

1. Who files: The injured person (or their attorney). Where: Start with the at-fault driver’s insurer; if needed, file a civil complaint in the Clerk of Superior Court for the county where the crash occurred or the defendant resides. What: A negligence complaint seeking damages for aggravation of a pre-existing condition; attach or later provide medical and billing records. When: Aim to settle during treatment or soon after maximum medical improvement; file suit within the general three-year limit if settlement stalls.
2. Build medical proof: Request pre-crash and post-crash records; keep all appointments; ask providers to note baseline vs. post-crash changes and whether the wreck aggravated your condition. Insurers often request prior records—targeted, relevant records help apportionment.
3. Use first-party benefits wisely: Consider a medical payments (MedPay) claim under your own policy to help with out-of-pocket costs. Reporting a not-at-fault crash is usually required by your policy and does not decide fault; insurers may consider overall claims history at renewal, so review your policy.
4. Negotiate and, if needed, litigate: Present a demand with medical proof and a clear explanation of aggravation. If the insurer disputes causation or damages, file suit and proceed with discovery, depositions, and (if necessary) trial.
5. Resolution: Expect a settlement release or, after trial, a judgment. Ensure medical liens and assignments are addressed as part of the resolution.

Exceptions & Pitfalls

• No clear baseline: If records do not show your pre-crash status, it’s harder to prove aggravation. Ask providers to describe baseline and post-crash changes.
• Gaps or inconsistent histories: Missed appointments or telling different histories to different providers undermines causation. Keep treatment consistent and honest.
• Natural progression vs. crash: Insurers may argue your symptoms are only natural progression. Provider opinions that the wreck caused a measurable worsening are critical.
• Overbroad record requests: Do not agree to unrestricted medical authorizations. Provide relevant records that address baseline and post-crash changes.
• Policy conditions: Most auto policies require prompt notice; late reporting can jeopardize first-party benefits like MedPay, even when you are not at fault.
• Evidence of bills: North Carolina limits proof of medical expenses to amounts actually paid or owed; be ready to document those amounts.

Talk to a Personal Injury Attorney

If you’re dealing with a crash that made a prior neck or back condition worse, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.