That is, will the insurance carrier "blame" their customer like they would if they had run a red light or something?
2007-09-30 03:05:00 · 20 answers · asked by mvm 3 in Business & Finance ➔ Insurance
The accident was a year ago, and yes, my license was suspended for six months. My seizures were completely controlled for YEARS, but this one happened due to a med adjustment after BRAIN SURGERY. All is stabilized now.
Would you show this level of "compassion" to someone with heart disease? After all, they could have a heart attack at any time.....
2007-09-30 03:45:04 · update #1
To answer aaron's question, the surgery was done to correct the cause of the seizures, so that I could take significantly less medication. The pile of drugs I had to take to control it all had me sleeping 14 hours a day. I still have to take medication, but only about 40% of what I used to take, and can easily get by on 6-8 hours of sleep now.
2007-10-01 04:52:34 · update #2
Yes, they do. SOMEONE is at fault for every accident. So if you had a seizure, or if you hit a patch of ice, or if you have narcolepsy and fell asleep at the wheel, or had a heart attack, it's STILL your fault, unless it's someone ELSE'S fault.
Yes, it's beyond your control. But it's still your FAULT.
2007-09-30 06:28:25 · answer #1 · answered by Anonymous 7 · 0⤊ 1⤋
It depends on the situation.
Did the driver know they had seizures? If you are some one who has seizures and it is controlled by medication and you don't take your medication and have a seizure and cause an accident- then you are negligent. If you have seizures and a Dr has told you not to drive- and you drive and have a seizure - you are negligent. If you took illegal drugs that resulted in you having a seizure -you are negligent.
If you did nothing wrong (no drugs/substances etc.) - never had a history of seizures and you have one for the first time - this may be fall under the medical emergency doctrine - and you may not be liable for the other persons injuries. However, it is very very rare that this defense is used and successful.
In general - this would be an at fault accident and your company would pay for the other drivers damages and your insurance would go up. Your insurance company may also drop your coverage due to the increased risk you now pose.
2007-09-30 04:39:31 · answer #2 · answered by Boots 7 · 0⤊ 0⤋
1
2016-09-25 06:20:33 · answer #3 · answered by ? 3 · 0⤊ 0⤋
2
2016-08-30 09:22:18 · answer #4 · answered by ? 3 · 0⤊ 0⤋
It depends on a lot of factors. Did you know you had seizures prior to the accident and were not allowed to drive? If this was a first seizure, did anyone else get hurt in the accident? You probably will get the "at fault" charge, but it kinda depends on how the police officer wrote it up. IF you only damaged your car and yourself, sometimes they lessen the charge....esp IF it was a new onset seizure, but you will have to see a Neurology specialist and probably be seizure free for at least one year to get to drive again. I'm sure every state has different laws about people with seizures and driving. I see it a lot in the ER. It's often life altering for a young kid to have to stop driving for a year. But~~think of what could have happened....to you and others. Good luck!
2007-09-30 03:12:21 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If a person has a known history of having seizures and they get behind the wheel of a vehicle knowing full well that they could have a seizure at any time and possible injure others because of it, then they are being irresponsible and should be charged, ticketed, insurance increased and license suspened.
I was in an accident almost 15 years ago that totaled my car and screwed up my back permantely. The driver that hit me was a doctor. He got behind the wheel of his full size SUV knowing full well that he was sick and should not have gotten behind the wheel of his car. I couldn't sue because, "he couldn't control the fact that he was too sick to drive and I should have some compassion for him".
It's like murder. If you don't plan it - it's manslaughter. If it's premeditated - it's murder. Knowing the person has seizures that can hit at anytime is premeditated in my book and should be punishable at least with an insurance increase.
2007-09-30 03:22:18 · answer #6 · answered by EvArtD 3 · 0⤊ 0⤋
Would likely depend on the company and specific policy. If a person has a medical condition that is known to cause seizures they really have no business driving to begin with. Any competent doctor would advice against it and warnings are also provided by the medication manufacturers. It is extremely rare for someone to have a seizure come out of nowhere for no apparent reason.
2007-09-30 03:18:28 · answer #7 · answered by crosseyedlemon 3 · 1⤊ 0⤋
yes it will still be fault on the driver who had the seizure. the other person didnt make the seizure happen, they were just driving like they always do. It has to be someones fault
the drivers liscense will be revoked until there is medical prove your not a danger to others. thats how it works here.
2007-09-30 03:14:28 · answer #8 · answered by CElliott 3 · 0⤊ 0⤋
If you had a seizure while driving and a accident resulted, you would be at fault since it was the onslaught of said seizure which brought the accident to fruition.
It's not so much a "blame" thing as it is a "cause" thing.
2007-09-30 03:09:10 · answer #9 · answered by bender_xr217 7 · 2⤊ 0⤋
I would think that as long as you can show medical history or prove that the seizure happen that you could keep the insurance company from placing fault on the customer.
2007-09-30 03:08:05 · answer #10 · answered by Anonymous · 0⤊ 0⤋