Woman has stroke while driving - causes severe car accident.

[JoanK]

Dear Sir/Madam,
I work with a woman who was almost killed in
a car accident caused by an elderly lady who
had a stroke while driving.

She incurred signicant costs associated for emergency treatment, rehabilitation, and loss
of wages and has a permanent back injury - though she is now able to work.

The insurance company's (of the elderly lady) response to the claim is that they are not obligated to pay these costs because it was an "act of God". It was my understanding that if she had comprehensive coverage, acts of God fall under the umbrella of coverage. Does a medical condition constitute act of God or was the driver negligent because she was so elderly and may have known her ability to drive safely was impaired before her stroke?

How should my friend proceed? Is the insurance company responsible for payment?
What is the best way for my friend to find an
ethical personal injury lawyer? Her attempts
thus far have been futile.

Thank you in advance for your help.
Regards,
Joan K.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by JoanK:
Dear Sir/Madam,
I work with a woman who was almost killed in
a car accident caused by an elderly lady who
had a stroke while driving.

She incurred signicant costs associated for emergency treatment, rehabilitation, and loss
of wages and has a permanent back injury - though she is now able to work.

The insurance company's (of the elderly lady) response to the claim is that they are not obligated to pay these costs because it was an "act of God". It was my understanding that if she had comprehensive coverage, acts of God fall under the umbrella of coverage. Does a medical condition constitute act of God or was the driver negligent because she was so elderly and may have known her ability to drive safely was impaired before her stroke?

How should my friend proceed? Is the insurance company responsible for payment?
What is the best way for my friend to find an
ethical personal injury lawyer? Her attempts
thus far have been futile.

Thank you in advance for your help.
Regards,
Joan K.<HR></BLOCKQUOTE>


My response:

This is only one of the reasons why we all must carry insurance when driving. Not all perils are covered.

An insurance company will only pay damages when there is "negligence" involved. It is NOT negligent to suffer a stroke, which in turn, causes a car accident. The woman could not have predicted a stroke, and decided not to drive. The insurance company for the woman is correct, and that's why there is no attorney that can help your friend. Your friend's only other avenue is to make a claim under her own auto policy for her medical costs, and car repairs. Unfortunately, that's all she can do, and all your friend's insurance company is responsible to pay.

IAAL


------------------
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."

 

[The Legal Shoppe]

Joan:

Does your friend know any more details of the medical history of the other driver that had the stroke? For instance, did she have epilepsy or any previous medical condition that may have been a precursor to a stroke? If the driver had a medical history of heart problems, head injury, tumor, epilepsy, cardiovascular disease or otherwise have a condition where a stroke was imminent or predictable, then there might be a claim against the other driver. Also, there may be negligence of the treating physician of the other driver for failure to diagnose or treat a medical condition that may result in a stroke.

Our suggestion is that your friend ask the other party's insurance company to produce all prior medical records of their insured driver. This will flush out there position. If they refuse to cooperate, have your friend file her own lawsuit and obtain these medical records through the court discovery process. At some point your friend may need to retain a lawyer to help her with the procedures in court. However, some states allow paralegals to perform this task.

Good luck and speedy recovery to your friend.

[This message has been edited by m martin (edited July 13, 2000).]

 

[lars coltrane]

I have one question to throw out: how is that you know the other lady had the stoke 1st and then the accident vs. having the accident and then the stroke? If the accident came first, and the lady was negligent, there would be coverage. So, have your friend keep looking for the right lawyer. And as IAAL says, do not contact the poachers - rather ask friends, family, ect. for referrals. good luck