What is the name of your state? Idaho. My son was hit by an elderly gentlemen (87) we have learned since the accident that the elderly gentlemen was involved in an accident prior to ours and after the accident got out of his car surveyed the damages and got back in then proceeded to run into my son about 3 miles down the road. After he hit my son he did the same thing. He was sited for inattentive driving and leaving the scene of the accident. The police officers at the scene have stated that the family of the gentlemen thought he had suffered a stroke the night before the accident, they also stated that they were afraid of his driving prior to this. His wife was in the vehicle telling him to stop and due to his confusion he did not do so. I have been reading case law regarding Sudden Medical Incapacitation, and I can believe he was medically incapacitated but I don't believe it was sudden and I don't believe that it caused him to lose control of his vehicle. I think he was incapacitated prior to getting into his vehicle as the officers stated, and that his confusion caused him to violate the safety rules. He never lost consciousness and his condition has not improved. Is the insurance company right in claiming sudden medical incapacitation?