Insurance Settlement

[Puzzled]

I was involved in an auto accident a few months ago in which a young man suffered a heart attack while stopped at a stop sign & his vehicle pulled out in front of mine. He died & I suffered bumps & bruises. The autopsy report was inconclusive in determining he suffered a heart attack prior to the accident. His insurance company paid me for my car which was totaled. Now we are working on getting my medical bills paid which were around $1100.00, the use of a rental car, $120, and the loss of my wages for four days. His insurance company offered to pay all my medical plus $500. I don't feel this is fair but I don't know how to come to a fair value. I've been emotionally scarred by this trauma & don't know what to do. The insurance agent is not good about contacting me back when I call, I usually get his voice mail. A person who is an acquaintance of the person that died in the accident said that a final autopsy came back that he did die from a heart attack prior to the accident. I was told if that is the case then his insurance company is not liable for any of my expenses and that it then falls back onto my insurance company. Is this true?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Puzzled:
I was involved in an auto accident a few months ago in which a young man suffered a heart attack while stopped at a stop sign & his vehicle pulled out in front of mine. He died & I suffered bumps & bruises. The autopsy report was inconclusive in determining he suffered a heart attack prior to the accident. His insurance company paid me for my car which was totaled. Now we are working on getting my medical bills paid which were around $1100.00, the use of a rental car, $120, and the loss of my wages for four days. His insurance company offered to pay all my medical plus $500. I don't feel this is fair but I don't know how to come to a fair value. I've been emotionally scarred by this trauma & don't know what to do. The insurance agent is not good about contacting me back when I call, I usually get his voice mail. A person who is an acquaintance of the person that died in the accident said that a final autopsy came back that he did die from a heart attack prior to the accident. I was told if that is the case then his insurance company is not liable for any of my expenses and that it then falls back onto my insurance company. Is this true? <HR></BLOCKQUOTE>


My response:

That is very true. Insurance companies pay for "acts of negligence." To suffer a heart attack is not negligent - - it is an "Act of God" and insurance companies specifically preclude Acts of God, Civil Disobedience, War, and many other things that are out of the control of the insured driver. If you still feel entitled (although, I'd have no idea under what theory), you should make a claim against the Estate of the deceased person. Your best, and quickest, bet would be to quickly accept the driver's insurance company offer, or if withdrawn, claim your damages under your own insurance, and take the rest "on the chin."

IAAL


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[Puzzled]

Thank you for your comments. However, I do have another question & that is wasn't that person negligent by driving when he had been having chest pains a week prior to the accident. This person was a prime candidate for having a heart attack. He weighed approx. 400lbs. From what I've heard the paramedics were quite familiar with this person as they had been called to his place of residence quite a few times. Perhaps all this is irrevelant, I don't know.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Puzzled:
Thank you for your comments. However, I do have another question & that is wasn't that person negligent by driving when he had been having chest pains a week prior to the accident. This person was a prime candidate for having a heart attack. He weighed approx. 400lbs. From what I've heard the paramedics were quite familiar with this person as they had been called to his place of residence quite a few times. Perhaps all this is irrevelant, I don't know.<HR></BLOCKQUOTE>

My response:

You're right - - "this is irrevelant . . ."

Heck, I weigh 948 pounds, and they're gonna have to bury me in a piano case !! Just fooling. I really look like Robert Redford; handsome, rugged, and I ride a little pony around town.

Look, you and the rest of all of the people who write on this Board know that I'm one of the most IRREVERENT son-of-a-guns to ever live, and I don't think much about religion, because religion and law don't mix . . . well. Despite all that, you never know why, or when God is going to take you, and when he does, it's an Act . . . c'mon, finish the phrase . . . .

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited April 29, 2000).]