How much will come from their insurance and how much out of pocket? How much does the law have to leave them to live on?
2007-02-05 08:39:16 · 9 answers · asked by Anonymous in Business & Finance ➔ Insurance
Assume that the person they hit died!
2007-02-05 08:39:54 · update #1
I think the question has more to do with law than insurance. The defendant's insurance will pay up to the policy limits. If there is any judgment over that limit, then that would be the defendant's responsibility. So that answers your first question.
The second question will depend on the judgment, the jurisdiction the judgment was made, and how hard the plaintiff pursues the judgment against the defendant. Some states have formula's on how much can be collected at a time, otherwise it may come to negotiations.
2007-02-06 01:42:26 · answer #1 · answered by shadow_runnr 3 · 0⤊ 0⤋
This situation can be more complex than it seems. They may not owe anything to the injured party.
If the person who went into diabetic shock had never been diagnosed or never went into shock before, or had no advanced warning that something was wrong they may not be negligent and their company would likely deny the claim if the med records prove no previous diagnosis or episode. In that case, the injured person could try filing a lawsuit but they would have difficult road to win as they would still have to prove negligence on the part of the diabetic driver.
This situation is very common with undiagnosed diabetics and people who have heart attacks while driving.
2007-02-05 10:34:56 · answer #2 · answered by fighting saints 6 · 1⤊ 0⤋
THe diabetic's insurance policy will pay all damages up to the policy limit. If the injured party is awarded more than that ,then the Diabetic will have to pay any amount over the policy limit out of his own pocket. Being a Diabetic or any other medical condition is not an excuse to not be responsible for damages.
2007-02-05 18:52:12 · answer #3 · answered by california bill 2 · 0⤊ 0⤋
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2016-05-17 01:22:43 · answer #4 · answered by Diana 4 · 0⤊ 0⤋
Diabetic's insurance will be responsible, but there should not be criminal responsibilty as long as shock attack claim is legitimate. I expect the insurer may refuse to continue to carry them after that is settled... and dubious any other insurer would take the risk. Probably means the end of driving, I suspect. My 2 cents worth!
2007-02-05 08:44:24 · answer #5 · answered by waynebudd 6 · 0⤊ 0⤋
Technically, a person who has that severe a case of diabetes should have their license revoked. The same goes for anyone with epilepsy, any other type of seizures, or anyone who blacks out randomly. So, this scenario should not occur, as the driver in question should have had their license revoked. If they drive without a license, all costs will come out of pocket, including fines for driving without a license, etc.
2007-02-05 08:46:00 · answer #6 · answered by Anonymous · 0⤊ 1⤋
The "law" won't leave them ANYTHING to live on. Figure, policy limits will be paid out . . . and lost wages for the other person, until their dependents are retired (for spouse) or adult (for child dependents).
Assuming there's only ONE person in the other car. But likely there will be two, or even more people in the car, then you have to pay out for MULTIPLE deaths. And your policy, well, HAS A PER ACCIDENT LIMIT.
2007-02-05 10:40:12 · answer #7 · answered by Anonymous 7 · 0⤊ 0⤋
It depends soley on the amount of coverage provided by the insurance company. If it was full coverage insurance than the policy holder will only have to pay out of pocket up to the amount of the deductable. If it was liability only then it depends on the limit of the policy. In this instance I would suggest hiring an attorney to mediate between the 2 parties involved.
2007-02-05 08:44:41 · answer #8 · answered by hvandyk82 2 · 0⤊ 1⤋
THEY SHOULDN'T HAVE TO PAY ANYTHING, THAT'S WHY THEY HAVE INSURANCE. INSURANCE SHOULD TAKE CARE OF EVERYTHING.
2007-02-05 09:20:45 · answer #9 · answered by Anonymous · 1⤊ 0⤋