What can be done if other driver's insurance is saying accident is not necessarily their insured's fault?

Asked over 1 year ago - Seattle, WA

Son was in accident, where other driver was having health issues with diabetes and not coherent, and smashed the side of son's car. Son has liability ins only. Other driver's insurance is saying that it may not have been their insured's fault and that they know nothing of a health issue for their insured. They say that son's friends in car and in another car that witnessed the accident are not witnesses, because they are his friends. Police report is different than each driver's story. All 3 stories are different. Son's driver's lic had been suspended, so shouldn't have been driving. What can son do to fight other person insurance company to pay for damages and hospital bill? Police sent ticket to son for no insurance after the fact, which he has insurance. Suggestions?

Attorney answers (7)

  1. William John Carlson

    Pro

    Contributor Level 11

    10

    Lawyers agree

    Answered . The other driver's insurer is asserting the defense of "Sudden Medical Emergency." If his medical records support that defense, he may be found not liable for the accident. You absolutely need an attorney to properly investigate the case immediately. This is the kind of fact situation that often ends in formal litigation, i.e., a lawsuit. Prepare for that possibility now.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Have a local personal injury lawyer investigate.

  3. Michael Shemtoub

    Contributor Level 17

    8

    Lawyers agree

    Answered . You need to gather your documentation, including police reports, and contact an attorney to represent your interests,

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can... more
  4. David B Pittman

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Hire a lawyer to help get this mess straightened out. You need help with thi.s

  5. Lars A. Lundeen

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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 Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    If your son has proof that he was insured at the time of the incident, he should request a hearing on the ticket and take his proof of insurance to the hearing. You also should discourage your son from driving any vehicle until he is properly licensed.

    If the person striking your Son's vehicle was having a medical emergency, the driver may not be negligent. It may be what the insurance industry refers to as an "act of God". However, if the driver knew he was ill and continued to drive or has a serious history of prior incidents such as this one, you may be able to show that he was negligent in driving at the time.

    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.
  6. Sean P. Wickens

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . The status of your son's license is not particularly relevant to the issue of fault, however it may affect his credibility if a jury learned of the status of his license. The mechanics of the accident are of primary importance to the issue of liability in my opinion, but you have not provided enough information regarding the mechanics of the accident for me to weigh in on that issue. Given that the other driver's insurance company has taken an aggressive posture on the issue of liability, you will likely need to retain an experienced personal injury attorney to help you resolve this matter in your son's favor.

  7. Leonard Semenea

    Contributor Level 2

    1

    Lawyer agrees

    Answered . This is not an uncommon position that is taken by insurance companies. Do not make the mistake of allowing the at fault party the privilege of taking your tape recorded statement. Instead, make an appointment with an experienced personal injury attorney and follow her/his advice.

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