Your teammate got $60,000 after the Lowell bus crash - why are they offering you $4,500?
“my old MRI shows a back problem and now after getting hit on the way to a school event in Lowell they're saying my bulging disc was already there so why is my payout trash compared to everyone else”
— Marcus L., Lowell
A Lowell student athlete with a prior back issue can still have a real injury claim after a crash, but the insurer will use old scans and delay tactics while the truck's black box data is disappearing.
That low offer usually means two things
The insurer has decided your old back records are the whole story.
And the trucking company thinks it can stall long enough for the electronic evidence to vanish.
If you were a Lowell High athlete riding to a school event and got rear-ended at an intersection like Thorndike Street and Dutton, or down near the Rotary by the Connector where traffic bunches up fast, this is the playbook. You report back pain. A scan later shows a bulging disc. Then the carrier digs up an MRI from freshman year, an old football or hockey injury, and suddenly your current pain is supposedly "just degeneration" or "prior history."
That's how they turn a real crash into a cheap offer.
Massachusetts law does not let them off the hook just because your back wasn't perfect
Here's the part most people miss: the rule is not "you only get paid if you were healthy before the crash."
The rule is that if the crash made a pre-existing condition worse, the at-fault party is still on the hook for the worsening. That is the aggravation issue. Same basic idea as the eggshell plaintiff rule. If your body was more vulnerable than someone else's, tough luck for the defense. They take you as they find you.
So if you had an old MRI showing a mild disc bulge, played through it, lived with occasional soreness, and then after the crash you suddenly had radiating pain, numbness, missed classes, couldn't sit through school, couldn't train, couldn't sleep, and needed injections or PT, that difference matters.
Insurance companies love the words "pre-existing." They hate timelines.
Because timelines expose them.
The real fight is over what changed after the crash
Not every disc bulge means much. Plenty of people in Massachusetts walk around with ugly-looking MRIs and no serious symptoms. The carrier knows that. That's why it cherry-picks the image and ignores your actual function before and after the wreck.
What matters is whether the collision turned a manageable condition into a disabling one.
A clean way to look at it is this:
- Before the crash: how often did you have pain, what sports could you still play, did you miss school, were you treating, were you on restrictions
- After the crash: what symptoms appeared or got worse, what treatment started, what activities stopped, what school and sports records changed
That gap is where the value is.
If your old records show "intermittent low back pain with return to play" and your post-crash records show persistent pain down the leg, muscle spasm, reduced range of motion, and a new course of treatment, the insurer's "already bad back" line starts looking like bullshit.
Why your teammate's payout was bigger
Because their records were probably cleaner.
That does not mean your claim is fake. It means theirs was easier to sell.
A student with no prior imaging, no prior PT, and no documented back complaints is the dream claim for an adjuster evaluating exposure. A student with an old MRI gives the defense something to wave around. That usually lowers the first offer, sometimes by a lot.
Also, the first kid's case may have had better evidence on impact.
And that brings up the dangerous part in your situation: the truck's black box.
The black box can prove force, braking, and timing - and it won't sit there forever
Commercial trucks often carry event data that can show speed, braking, throttle, and sometimes sudden deceleration. In a rear-end crash at a Lowell intersection, that data can back up exactly what your body felt even when the defense says it was "minor contact."
Minor contact, by the way, is a favorite phrase when they want to act like a kid with a vulnerable spine should have walked away fine.
But electronic data does not wait around forever. It can be overwritten, especially when the vehicle goes back into service. That's the ugly part. The trucking company knows its retention systems. You probably don't. If nobody moves fast, the data is gone and then the argument becomes all photos and guesswork.
In Massachusetts auto claims, delay is a weapon. PIP might cover early medical bills and lost wages up to the no-fault limit, but that does nothing to preserve truck data. And once the electronic record is overwritten, the defense gets to shrug and say there's nothing left to download.
School athlete cases get twisted in a very specific way
The carrier will say your back was already compromised from sports.
Then it will say the crash was too light to matter.
Then it will point to spring-season activity and argue your current pain came from training, not the wreck.
That's why the records right after the crash matter so much. The ER note. The urgent care note. The first ortho visit. Whether symptoms started immediately at the scene or by that night. Whether you reported new leg pain instead of just old soreness. Whether your trainer or coach documented a sudden inability to practice.
Massachusetts insurers have been running this script forever, especially after winters with icy pileups and nor'easters when claims stack up and everybody starts minimizing soft-tissue and disc injuries. Same mindset as the Storrow Drive truck strikes in Boston: there's always some excuse, some "everybody knows" story, some reason it supposedly isn't their fault. Don't buy it.
If your offer is tiny while someone else on the same trip got paid, it usually means your old MRI became their favorite weapon. It does not mean the crash didn't worsen your back. And if the truck's black box is about to roll over and erase itself, the company has even more reason to keep pretending your pain started years ago.
Kathleen O'Brien
on 2026-03-30
This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.
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