When experience should be an asset, not a liability
The Hidden Problem: When “Experience” Works Against You
You’ve been driving for decades without a major incident. You know the roads, you follow traffic laws, and you’ve developed defensive driving skills that only come with years behind the wheel. So when another driver runs a red light and crashes into you, the last thing you expect is to be blamed for the accident.
Unfortunately, if you’re over 55, that’s sometimes exactly what happens.
Age-related assumptions in accident claims are a common but a rarely discussed problem. Insurance adjusters and opposing attorneys sometimes lean on stereotypes about older drivers, even when the evidence points elsewhere. The result? Older accident victims may face an uphill battle to prove their innocence or to show that their injuries were truly caused by the crash.
3 Ways Insurance Companies Use Age Against Accident Victims
#1. The “Reaction Time” Assumption
Adjusters may argue that older drivers react more slowly and therefore share some blame. They’ll say a younger driver could have avoided the crash. This ignores the fact that reaction time varies by individual, and that experience and defensive driving often prevent accidents regardless of age.
#2. Vision and Hearing Presumptions
Even without medical evidence, insurers sometimes suggest an older driver couldn’t “see” or “hear” well enough. They may request extensive medical exams or raise the possibility of sensory decline as a way to shift attention from their insured’s fault. These claims should always be tied to actual crash conditions, not guesswork.
#3. The “Confused Driver” Stereotype
Perhaps most damaging is the stereotype that older drivers are easily disoriented. Adjusters may imply that an older victim “misunderstood the right-of-way” or “didn’t grasp traffic patterns,” even when police reports and witnesses clearly show fault lies with the other driver.
Common Scenario
Imagine this: an older adult is stopped at a red light when a younger driver, distracted by their phone, rear-ends their car. The police report makes it clear who was at fault (the distracted driver).
But when the injured driver files a claim, the insurer offers only a fraction of what the case is worth. Their reasoning? That the person’s “advanced age” meant the back pain must be from pre-existing arthritis, not from the crash.
This is a common tactic. Insurance companies often try to reduce payouts by pointing to age, medical history, or anything else that casts doubt on the injury. But California law is clear: the at-fault party must “take the victim as they find them.” If a collision aggravates an existing condition or triggers pain that wasn’t there before, that’s compensable.
Your Rights: What the Law Actually Says
Age alone cannot be used to determine fault in an accident.
In California, liability must be based on evidence: police reports, witness statements, physical damage, and medical causation. An insurer may argue that some symptoms stem from pre-existing degeneration, but they cannot reduce compensation simply because of your age. The law requires that any aggravation of a pre-existing condition caused by the crash be included in damages.
If you see an insurer relying on stereotypes instead of facts, you can challenge it with medical documentation, expert analysis, and, if necessary, legal representation.
Recommended Reading: 6 Questions to Avoid Answering After an Accident
5 Steps to Protect Yourself from Age-Based Assumptions
#1. Document Everything Immediately
Take photos of the scene, vehicle damage, and any visible injuries. Collect witness information. The stronger your evidence, the harder it is for insurers to lean on assumptions.
#2. Collect Targeted Pre-Accident Records
Focus on medical records that show your baseline health for the body parts injured in the crash. This prevents insurers from blaming all symptoms on “normal aging.”
#3. Push Back on Age-Related Explanations
If an adjuster says your injuries are “typical for your age,” demand specific evidence. Ask them to explain how they tied that conclusion to the actual crash.
#4. Get a Supportive Medical Narrative
Ask your treating physician to document how the accident caused or worsened your condition. Consider consulting a neutral specialist if needed. (Avoid insurer-ordered “independent medical exams,” which rarely help your case.)
#5. Keep Detailed Records of Communications
Write down every interaction with the insurer, especially if they reference your age. These notes can be powerful evidence if your claim is challenged.
Red Flags of Age Bias in Claims
- Comments like “these are typical injuries for someone your age”
- Requests for decades of medical records unrelated to the accident
- Questions about how often you drive or your comfort on the road
- Suggestions that you should “expect some limitations at your age”
- Offers that are far below the clear value of your claim
- Unusual delays tied to “extra documentation” focused on age
If you spot these, it may be time to consult an attorney.
When to Get Legal Help
Age-related stereotypes in claims are improper and challengeable. If you suspect your claim is being evaluated unfairly, an experienced personal injury attorney can:
- Identify and push back against age-based arguments
- Secure medical opinions linking your injuries to the crash
- Work with experts to counter assumptions about reaction time or pre-existing conditions
- Negotiate from a position of strength
- Ensure your compensation reflects the actual impact on your life
Your age and experience should be assets, not liabilities. Don’t let insurers undervalue your claim based on outdated stereotypes.
Have you noticed age-related bias in your accident claim? Don’t let insurance companies shortchange you. Contact our experienced legal team for a free consultation at (213) 985-1120.
Disclaimer: The information provided in this blog post is not intended as legal advice and should not be relied upon as such. You should consult with an experienced attorney for advice on your specific situation.