Auto Insurance Claims: Auto accident property damage, liability and health emergency

Question
Our pickup truck traveling north was hit by a driver, traveling south, who crossed over the center line of a two lane road hitting us behind the driver's door at a 45degree angle.  We have a witness who was also traveling south and says the vehicle who hit us crossed the center line several times and was in our lane at time of impact. We went over to the right as far as possible avoiding a head-on collision. All this is in the police report.  He has insurance and has filed claim but insurance company says he is diabetic and had an health emergency (black-out) which they claim is "An Act of God" and will not pay for our property damage.  We feel that diabetes is a disease that is controlled daily by medication. Since he has had diabetes for a period of time, we feel that he was negligent and liable.  How can we get this insurance company to acknowledge his liability and pay our truck damage?

Answer
Chris,

  Sorry for the delay.  If I had to make an opinion, I would say you are right and the insurance company is wrong.  This is a legal question that requires interpretation by an attorney.  As an adjuster, if I were the insurer for the diabetic, I wouldn't be so sure a jury wouldn't see it your way, and I would pay the claim.  

  The policy for the diabetic agrees to pay for damages which he becomes legally liable.  I would argue that the operator has a legal responsibility to make sure that any health condition is not a risk for operating a motor vehicle before operating one.  Most courts will agree with me.

  To answer your question about how to get the company to acknowledge the liability. . . you may never get them to acknowledge it, but if you sue and win, then at the very least the legal system will acknowledge it for them.  No magic answer on this one, sorry!

Sincerely,
JP