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I feel awful making a Raleigh claim, but a "pre-existing jaw" excuse won't pay

“i borrowed a car in Raleigh and the airbag broke my jaw and cheekbone now insurance says it was all pre-existing do i have to go after my friend”

— Marcus T., Raleigh

An EMT in Raleigh borrowed a car, got hit with an airbag injury to the face, and now the insurer is trying to dump the whole claim on some supposed old jaw problem.

Yes, you may need to file the claim anyway

If you borrowed a car in Raleigh, got slammed in a crash, and the airbag left you with facial fractures or a broken jaw, the first insurance fight is usually about whose policy pays.

The second fight is nastier.

The insurer starts saying your jaw was already bad, your face was already vulnerable, your bite was already off, your TMJ was already a mess, so the crash didn't really cause much of anything.

That argument is common because facial injuries are expensive, and a wired jaw can knock an EMT out of work fast.

In North Carolina, the owner's liability coverage is usually primary when someone else has permission to drive the car. So if your friend let you borrow the vehicle, your friend's policy is often first in line for bodily injury claims. Your own auto policy may also matter, especially if there are medical payments benefits, uninsured or underinsured motorist issues, or disputes about permission and exclusions.

If it was a rental, the stack changes. The rental company's coverage, your own auto policy, a credit card benefit, and any damage waiver all have separate rules. The damage waiver usually deals with damage to the rental car. It is not some magic health coverage for your busted face.

And if the rental company is coming after you for the car itself, that is a different pocket of money than your injury claim.

The "pre-existing condition" line is usually not the whole story

Here's what most people don't realize: a pre-existing condition does not give an insurer a free pass.

If the crash aggravated an old jaw issue, cracked weakened bone, turned manageable TMJ into surgery, or changed your bite so badly you can't work a 12-hour shift on a truck crew or ambulance, that can still be compensable. The insurer wants to pretend it's all one thing because that's cheaper.

Airbag injuries to the face are ugly because they happen fast and leave a paper trail. CT scans. Oral and maxillofacial consults. Dental imaging. ER notes about swelling, malocclusion, fractured orbital bones, loose teeth, numbness, trouble opening the mouth, blood in the nose or mouth.

That paper trail matters more than the adjuster's attitude.

If you were hit on Capital Boulevard, I-440, New Bern Avenue, or one of those ugly merge spots near Wade Avenue, the mechanism of injury matters too. Front-end crash, seat position, steering wheel distance, speed, and whether the bag deployed normally or violently all help explain why your face took the hit.

For an EMT, the work issues make this harder

This is where it gets ugly for EMS workers.

A broken jaw is not just pain. It's radio communication, lifting, airway calls, driving, swallowing, headaches, and trying to function while your face feels like broken glass. If you're an EMT in Raleigh and your shifts run long, you may be scared to complain because you don't want to be tagged as unreliable.

The insurance company doesn't give a damn about that fear. It will still use every gap in treatment against you.

If you miss an oral surgery follow-up because you're on shift, they'll say you must not be hurt that badly. If you go back too soon because you need the paycheck, they'll say you recovered fine. If you had any prior dental work, braces, TMJ, a hit to the face in sports, or jaw clicking from years ago, they'll say that's the real cause.

What actually helps beat the pre-existing argument

You need to separate "had some prior issue" from "this crash made it far worse."

That usually comes from the timeline and the records, not from arguing with the adjuster on the phone.

A few things tend to matter a lot:

  • records showing your jaw function before the crash versus after it
  • ER and imaging notes from the same day, especially facial CT findings
  • oral surgeon or dental records describing new fractures, displacement, bite changes, or nerve symptoms
  • work restrictions showing you cannot safely perform EMT duties
  • any prior records proving an older condition was stable, minor, or asymptomatic before the wreck

If your face was functioning before the crash and now you're on liquid food, missing shifts, and getting follow-up imaging in Wake County, the insurer has a harder time selling the "nothing new happened" story.

Borrowed car claims feel personal, but that's not really what's happening

A lot of people freeze because the car belonged to a friend, roommate, cousin, or coworker.

They think filing a claim means they're attacking that person.

Usually, you're making a liability claim against the insurance coverage attached to the vehicle and any other applicable policy. Yes, feelings can get messy. But if your cheekbone and jaw were fractured by an airbag deployment, this is exactly why that coverage exists.

North Carolina's contributory negligence rule makes these cases even touchier. If the insurer can pin even a little fault on you, it may try to bar the claim entirely. That is another reason adjusters lean hard on "pre-existing condition" arguments. It lets them cut value without openly admitting how tough fault law is here.

Rental company threats are noise until you sort out what they actually want

If this was a rental instead of a friend's car, read the paperwork carefully.

Rental companies send scary letters fast. Loss of use. diminished value. towing. admin fees. damage estimates. People see that stack of paper and forget they also have a bodily injury claim.

Do not mix up the car damage side with the medical side. The damage waiver fine print may decide whether the rental company can pursue you for the vehicle. It does not decide whether a negligent driver, or an insurer covering that driver, owes for a crash-related facial fracture.

In Raleigh, between dense traffic, stop-and-go on the Beltline, and bad spring rain on roads that shine slick before the water drains off, airbags go off in crashes that don't even look catastrophic in photos. That's another insurance trick: low vehicle damage means low injury value. Tell that to someone eating through a straw because the bag exploded into their face.

The same state that gives you mountain fog on I-40 near Asheville and blind curves on the Blue Ridge Parkway gives you plenty of urban wrecks in Wake County where the damage looks ordinary and the medical fallout is anything but. For a broken jaw claim, the real fight is not whether the airbag deployed. It's whether the insurer gets to rewrite your medical history after the fact.

by Keith Barlow on 2026-03-22

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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