Question Regarding Potential Accident Involving Dementia Patient

[marciamitchell]

What is the name of your state (only U.S. law)? Tennessee

My husband, age 61, has been diagnosed with Dementia and is currently on private disability as well as social security disability. He is in the very mildest stage of dementia and takes two medications for this and another medication for a dementia research study. His worst symptom is that he cannot learn new things and has slight speech problems. He still drives and rides a motorcycle. He has ridden for about seven years and is still a good rider and keeps good control. However, he does not have health insurance because we cannot afford it. He wants to take a motorcycle trip to Alabama with our grown son who will be riding his motorcycle alongside my husband. One of our doctors told my husband not to ride his motorcycle and the other doctor said it was okay for now. He will not listen to me as far as the potential risks he is taking should he have an accident and get hurt. Much less hurt someone else. We do have accident insurance on the motorcycle. And our agent knows he has dementia. I realize the medical bills we could receive in case of an accident. What are the risks involved in a law suit from someone else if they find out about his dementia? I am very frustrated because he thinks nothing will happen. Perhaps if he reads an answer from you, it will make an impression and he will change his mind and not go. Please help.What is the name of your state (only U.S. law)?

[ecmst12]

Steal his keys, slash his tires, put sugar in his gas tank, do whatever you have to do to keep him from going on this trip. Or driving the motorcycle at all, for that matter. Let them rent a car and take the trip that way (with son doing the driving). No, it's not the same, but they have a much better chance of coming home in one piece. And no health insurance? Holy smokes, no one should EVER ride a motorcycle without Med Pay coverage on the bike AND health insurance in place! If he WERE to get in an accident, the injuries are likely to be severe and expensive, like bankruptcy expensive. And that's completely outside the dementia issue, he could get in an accident that's totally not his fault and still end up in dire financial straits if the person is uninsured or underinsured. The chances of something bad happening are not the important thing to consider here - it's the severity of the consequences if something DOES happen. The chance of serious injury is so much higher in a motorcycle accident then in a car, it only takes a minor bump to kill someone, especially at highway speeds.

Liability if he were to cause an accident which damaged someone else is the least of your concerns, but the liability insurance on the bike will cover it and the dementia likely won't be relevent.