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Can I and how do I go about suing a negligent party's car insurance for letting him driving knowing he has seizures.

Littleton, CO |

My fiance was a passenger in an accident because the driver had a seizure while driving. My fiance thought this was the first time and wasn't going to do anything about it because of it being a health problem. Then the other day the guy that was driving the car said he's crashed a car before do to having a seizure. I feel like there is something wrong with letting someone drive knowing they have this medical problem, he could have or will one day harm or even kill someone driving. It could have been my fiance or both of us when we road in the car with him. Is there something we could do? I would really like some advice.. Thanks Natalia Jennings

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Attorney answers 9


If your husband was injured, he needs a personal injury lawyer. Without a lawyer, yhe will only get a fraction of the true value of the case. Retain a personal injury lawyer with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement, not your lawyer.

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He should find an attorney to represent him in these circumstances. Contact a local attorney and find someone with whom you feel comfortable. You can also search here on avvo in the find a lawyer section. Do not try to handle this yourself-get someone to help you!

I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce J. Sweinberg, Esquire 215-752-3732 Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.


Dear Natalia Jennings,

What the driver did was act negligently. He had knowledge of his seizure condition and choose to drive with a passenger. If your fiance sustained any damages the driver could be held liable for negligently causing those damages. Retain an attorney as soon as possible. This site has a great "find a lawyer" tab to help you find the right lawyer. Good luck.

-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.


You cant sue the insurance as you were not injured. However, you might be able to file a notification with the state department of motor vehicles. Best of luck.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


Get a lawyer for the case. You can report the driver to the motor vehicle dept. Sometimes the plice will do that. It isnt the ins co job to do that. They will probably not renew his ins when it comes up, due to his accidents and health. Most states limit when an in s co can legally revoke coverage before the ins period ends.


If this person has a history of seizures he may be negligent for driving. Call a local injury attorney.



If your fiance was not injured in the accident, the only recourse is to not get in a car with that person again. If he had injuries, he has a potential lawsuit against the driver. The insurance company did not "let" him drive and is not responsible on those grounds, but the driver is responsible and when you pursue a claim against him his insurance company will be obligated to defend him. If the injuries were serious, your fiance should retain an attorney.

You can reach Harkess & Salter LLC at (303) 531-5380 or Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.


Your fiance should immediately put her own car insurance carriers on notice of this claim as her UM/UIM coverage is the subject of a potential claim. The negligence of the driver is the issue. Beyond that, the matter is sufficiently complicated by the seizure issue and the possible negligent entrustment of the car to the driver [not by his carrier, though] that you simply must sign up a competent Colorado car accident attorney and should do so immediately.

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