Auto accident person blacks out and hit another car is that a medical emergency and is that person at fault?
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Auto accident person blacks out and hit another car is that a medical emergency and is that person at fault?
 
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roady42
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About the only way you will get off for a medical emergency is if you die.
Nevada asks everybody now if they have any medical conditions that would keep them from
operating a car properly. |
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fighting saints
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OK here is how this works. I am a claims adjuster and have handled dozens of claims like this.
The insurance company for the blackout guy owes for any negligence that the guy has. IF the guy blacks out without having any previous health issues then he is not at-fault and his insurance company does not owe for the damages because technically he was not negligent if he had an unforeseen black out. This has been tested in court and has stood up.
IF the guy has a history of health issues and was given medication by a doctor and told he could drive while on the medication BUT he stopped taking the medication then he is negligent and would be considered at-fault.
However, the real problem you have is that you can't prove anything about his medical history without his medical records. With the privacy laws it is impossible to get his medical records without his consent.
If you have collision coverage on your own policy then turn the claim into your company and they will try to get back your deductible for you. However, the odds will be slim without the medical records. |
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Luna & Lawnboy
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Fighting is correct. I too have handled several of these losses. |
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Jimmy M
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Hello,
We often take for granted what a convenience our cars are. I was paying a low price for my insurance, but at renewal time, my insurer tried to increase my rates.
My friend sent me a link to this site:
http://www.my-help-rent-mortgage.org
They have a free search to compare auto rates from the major insurers. It saved me a lot of money!
Best of Luck |
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Jacqueline S
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You didn't say why the person blacked out. Was the person Drunk, diabetic with low blood sugar, heart attack, bee sting, epileptic ? Did the driver have a preexisting condition that precludes the accident? Was this the first time the person blacked out, or the fifth? You have lots of variables.
Was the other car occupied? Did the accident cause injuries to the driver and/or other passengers of either vehicle causing another Medical Emergency?
Is the driver who lost control of their vehicle at fault for the accident? ABSOLUTELY. You must be in control and remain in control of your vehicle at all times.
We are all human and Certain conditions and some medical emergencies are forgivable , but maybe not legally. This is why states have no-fault insurance, and lots of law suits. |
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frank
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that person is at fault.
may have to get special authorization in order to keep license. sounds like they should not be behind the wheel. |
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SARAH S
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It will still be the fault of the person that blacked out , wheather it be a medical emergency or not , someone has to pay for the property damage , and it wasnt the fault of the person who's property was damaged , that is the purpose of insurance to cover accidents or property damage |
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