Driver Had Seizure

[hitbymedical]

At an intersection in CA, a driver from the left ran a red light and totaled my truck, the police report states the responding officer recognized her from an accident just a few days prior. also the report states she had exhibited signs of a seizure of some sort. Sadly I discovered my insurance had lapsed (truly my fault, and bad, I paid the fine and re-insured that day) The drivers insurance admitted fault and repairs began on my truck and a rental was provided me. The auto body shop informed me the truck was totaled and they could not get confirmation from the insurer. When i contacted the insurance company they informed me the driver was under insured and only had $4100 to offer on the $14000 value of the truck. I'm wondering if i have any grounds to stand on here, or if i should take the money and truck, lucky to have lived through this potentially lethal accident?

 

[PayrollHRGuy]

Then you sue the at fault driver.

 

[Zigner]

If the driver had a medical emergency, then she may not be liable at all.

As for the lapsed insurance, expect a license suspension of 1 year.

 

[FlyingRon]

Don't forget to file your DMV accident report (SR-1). Zig is right, you will be suspended.
I disagree that a siezure will avert civil liability here (nor will it avert a criminal charge if such were warranted).

 

[Zigner]

Don't forget to file your DMV accident report (SR-1). Zig is right, you will be suspended.
I disagree that a siezure will avert civil liability here (nor will it avert a criminal charge if such were warranted).

If there was no prior history of seizures, than it certainly may avert both civil liability and criminal charges. It's unclear from the OP whether there had been prior instances.

 

[PayrollHRGuy]

I wonder if the OP, when he mentions that the officer remembered the other driver from a previous accident, is alluding to a possible second seizure related accident.

The fact that the insurance company was willing to pay anything at all would seem to show they think there is liability.

 

[adjusterjack]

When i contacted the insurance company they informed me the driver was under insured and only had $4100 to offer

That doesn't make sense. The CA minimum liability limits are:

• $15,000 for injury or death of 1 person per accident
• $30,000 for injury or death of 2 or more persons per accident
• $5,000 for any property damage per accident

If she has minimum limits, her insurance company should be paying the $5000 toward your damage.

 

[PayrollHRGuy]

Were any other cars involved?

 

[mjpayne]

At an intersection in CA, a driver from the left ran a red light and totaled my truck, the police report states the responding officer recognized her from an accident just a few days prior. also the report states she had exhibited signs of a seizure of some sort. Sadly I discovered my insurance had lapsed (truly my fault, and bad, I paid the fine and re-insured that day) The drivers insurance admitted fault and repairs began on my truck and a rental was provided me. The auto body shop informed me the truck was totaled and they could not get confirmation from the insurer. When i contacted the insurance company they informed me the driver was under insured and only had $4100 to offer on the $14000 value of the truck. I'm wondering if i have any grounds to stand on here, or if i should take the money and truck, lucky to have lived through this potentially lethal accident?

Maybe the insurance co is lowballing you just to get you to settle. Since you weren't injured, their exposure is only $14,000, and since the report said there was a seizure, I suspect the person can get out of paying. I think you're screwed. Don't drive without full coverage unless you're willing to potentially lose the vehicle!

Maybe you can contact a local attorney and specify you want a free consultation regarding this matter.

 

[adjusterjack]

Since you weren't injured, their exposure is only $14,000

Wrong. With minimum limits of $5000 for property damage liability, the exposure is only $5000. And that covers all costs including the repair.

I overlooked the part where the insurance company is paying for a rental car. The $4100 might be what's left after the cost of the car rental. $30 per day for 30 days could do it, or a higher rate for a shorter time.

The offer of $4100 makes more sense now.

Oh, the exposure of the other driver is, of course, the full value of the truck and any other costs incurred by the OP, should the other driver be found liable in a court of law.

 

[mjpayne]

Wrong. With minimum limits of $5000 for property damage liability, the exposure is only $5000. And that covers all costs including the repair.

If that's what the insurance policy was. All they said is he was "under insured," which could mean anything. However, the $5,000 coverage is the most likely situation here.