Auto Insurance Claims: Medical Emergency, siezure, medical emergency

Question
While stopped at a red light, a motorist hit me.  The driver was having a seizure.  His insurance company evaluated the claim as a medical emergency and denies repairs to my vehicle.  I only have liability with my insurance.  Should I hire a lawyer?  Thank you - Laura

Answer
Hi Laura,

Unfortunately, when a person has a siezure or a heart attack and causes an accident, they are not legally responsible for the damage since they had no control over the situation. There is nothing you can do about this because it is the law. In order for someone to owe you for the damage they must be negligent. When there is a medical condition the person can not be found to be negligent.

I hope this helps
Richard Hixenbaugh