Accident Claim and Act of God

[rosepark]

What is the name of your state? Idaho.
My son was recently involved in an auto accident. He only has liability coverage on an older vehicle. An 87 year old man hit three people one about 2.5 miles down the road prior to hitting my son and then my son. His insurance company is claiming they are not liable as it is an act of god and as such will not provide rental car ect. There is no evidence that he had a heart attack or stroke, but he was sick. He had a passenger in the car. He also left the scene of all three accidents, and then got out of his vehicle and looked at damage got back in and drove away. He was apprehended about 5 minutes later by local law enforcement. Is the Act of God a valid claim for medical illness?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Idaho.
My son was recently involved in an auto accident. He only has liability coverage on an older vehicle. An 87 year old man hit three people one about 2.5 miles down the road prior to hitting my son and then my son. His insurance company is claiming they are not liable as it is an act of god and as such will not provide rental car ect. There is no evidence that he had a heart attack or stroke, but he was sick. He had a passenger in the car. He also left the scene of all three accidents, and then got out of his vehicle and looked at damage got back in and drove away. He was apprehended about 5 minutes later by local law enforcement. Is the Act of God a valid claim for medical illness?

My response:

Yes. Insurance companies pay on "negligence" claims. Having a medical problem is not "negligence".

IAAL

 

[stephenk]

what specifically are they claiming the other driver suffered from that resulted in the accident?

 

[rosepark]

Idaho. The insurance company is claiming he suffered a stroke. We now have information that prior to hitting our son, after he had the first accident he got out of the vehicle and walked around and checked out his vehicle prior to getting back in his car and driving away. The insurance company knows this as well. The police at the scene said the family told them that they thought he had a stroke the night before, and that even prior to this they were concerned about his driving. They say it is a sudden medical incapacitation. I have read some case law and think that this doesn't apply in this case because it wasn't sudden, he had plenty of time to take reasonable action to avoid the second accident for sure, and thirdly he should not have been driving to start with.

 

[Lynx 36]

2nd thread on this accident

 

[stephenk]

Was the old man taken to a hospital immediately after the accident and diagnosed with a stroke? If no, then the old man's carrier is blowing smoke.

If he had a stroke the night before and he still was able to go out and drive, then it is negligence on the old guy despite the stroke.

Sue the old guy in small claims if the property damage is within the limits.

 

[SBRISTOL]

outcome

I was wanting to know what the outcome was on your case, I have a simalir case going on in washington state but the car was driven thru my back yard.
But this person has a history of strokes.