Auto Insurance Claims: Sick at the wheel, car tow, accident 2

Question
Hi,

My mother was in a car accident 2 days ago. She was driving along a road with passangers, when a car hit her side travelling approx 70mph. She just caught a view of him careering towards her at the last second, enough to make it hit the front wing of the car rather than her door - potentially fatal.

The 3rd party driver was unconscious. My mother had a few cuts and bruises. The police and paramedics arrived 15min later. The 3rd party was descibed as being in a diabetic coma - which as far as we know meant that he had passed out with his foot on the accelerator which had caused the accident.

The problem is my mothers car is out of action, potentially for ever and the 3rd party's insurance company are saying they are not willing to pay out due to the fact the man was ill. My mothers insurance company are therefore saying they cannot  at this time issue her with a replacement car, whilst hers is being looked at to see if it can be fixed. She has now had to go and hire a car for the week so that she can get to work and this whole situation has deeply stressed her.

I have made sure she has been to the doctors for a check-up, just in case. And I have told her to make sure she keeps a record of all costs incurred to date (car tow, phonecalls, car rental etc).

She is now worried that she will not get any money to have her own car fixed at all.

What should be our course of action?

Thanks

Perry

Answer
Hi Perry,

This is a complicated issue and I am not an attorney, but..

In order for someone to be held legally responsible for an accident they have to be found to be at fault for the accident. The thing that generally creates fault is negligence. Negligence means that they either did not do something that they should have or did something that they should not have.  In the case of a sudden onset illness while driving a vehicle, most jurisdictions would consider that to be beyond the control of the person and therefore they could not be found to be negligent or responsible.

However, you should consult with an attorney in this case.  Based on your statement that the at fault person was said to be in a "diabetic coma".  That could mean that the person did not take their medication. An attorney may be able to assert that not taking their medication was the negligent act that caused the accident.  However, laws differ from state to state. Please seek the advice of an attorney in your state for a more specific answer.

As for your mothers car.  If she has collision & comprehensive coverage on her policy, her insurance company will either pay to repair the car less her deductible, or if the damage is severe, they will total the vehicle and pay her the value of her car less her deductible.

I hope this helped
Richard Hixenbaugh