A drunk driver with a record, and an old injury made worse
Start a free AI-assisted chat and connect with an experienced Georgia attorney, with no obligation.
Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed January 10, 2023
Legal Inquiry
Consumer Legal Issue
I was hit by a drunk driver whose blood alcohol was 0.10, and it was his second drink-driving offense in under fifteen months. I have an injury from an earlier accident that has now flared up again, and I am seeing a physical therapist and a doctor. The at-fault driver had $250,000 of cover.
Attorney Answer
An injury made worse by someone else's negligence is recoverable in Georgia — the aggravation is the claim, not the underlying condition.
This is the point most people get wrong about a pre-existing injury. Having been hurt before does not disqualify a claim and does not mean an insurer can attribute everything to the earlier accident. What is recoverable is the worsening: the difference between where you were before this collision and where you are now.
That makes your earlier medical records an asset rather than a liability. They establish the baseline, and without them an insurer is free to argue that the current condition is simply the old one continuing.
The impairment is relevant to conduct. O.C.G.A. § 40-6-391 makes driving under the influence unlawful, and a repeat offense within a short period speaks to it further. What that does and does not add to the value of a civil claim is a question for a lawyer who has the file.
On the limits: $250,000 is a meaningful amount, but where a claim may approach it the existence of your own underinsured motorist coverage matters. O.C.G.A. § 33-7-11 governs that coverage in Georgia, and whether it stacks on top of the other driver's limits or merely fills up to its own depends on which form the policy was written in.
What you can do
1. Obtain your complete medical records from BEFORE this collision as well as after — the baseline is what proves the aggravation. 2. Ask your treating doctor to address specifically what changed after this crash. 3. Get the crash report and the record of the impairment charge and its outcome. 4. Check your own declarations page for underinsured motorist coverage and which form it takes. 5. Speak to a Georgia attorney before giving any recorded statement about the earlier injury.
⏱ Time limits apply. O.C.G.A. § 9-3-33 requires actions for injuries to the person to be brought within two years after the right of action accrues. Waiting also costs evidence — footage is overwritten and memories fade — so the practical deadline is usually much earlier than the legal one.
A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.
*Attorney review is supported by AI-assisted drafting and legal research algorithms. Use of this Chat does not create an attorney-client relationship.
By using this service you agree to our Terms of Use and our Privacy Policy.
Courts & Legal Aid in Georgia
- File or look up a case through the Georgia Courts.
- Get free civil legal help from GeorgiaLegalAid.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
Can someone claim if the injury existed before the accident?
Yes. Where negligence aggravates a pre-existing condition, the aggravation is recoverable. The claim is the difference the collision made, rather than the underlying condition itself.
Why do medical records from before a crash matter?
They establish the baseline. Without them an insurer can argue that the current symptoms are a continuation of the earlier injury rather than a consequence of this collision.
What happens if a claim is worth more than the at-fault driver's limits?
Underinsured motorist coverage is what addresses the shortfall. O.C.G.A. § 33-7-11 governs it in Georgia, and whether it adds to the other driver's limits or fills only to its own depends on the form the policy takes.