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Does the use of mental-illness as a defense involving an accident cause license revocation in the trial by the order of judge?

San Francisco, CA |

I may have caused an accident by pulling the steering wheel while my friend was driving due to a nervous break down. I was acting odd, paranoid and eccentric during the day leading up to the accident. I responded in the form interrogatories that I was delusional and hallucinating and had a psychotic behavior and do not exactly know how the accident occurred. I had a history of mental-illness at the time of the accident but I did not have any restrictions on my license. I was taken involuntarily to a mental hospital right after the accident. I'm being sued by my friend's insurance company for the damages related to the incident. My own insurance company does not defend me in this case since I did not own the car and I wasn't operating the car.

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Attorney answers 5


Make sure you give it to your insurance company anyway and demand a defense. Every state has its own law and court decisions, but in NJ i think you may well be covered. I'm not sure about California law but here in NJ your license to drive could be reviewed and revoked and/or restrictions placed on same based on what happened. It happens to older drivers all the time. You should think long and hard about driving anyway and talk to your mental health professional about whether you should be driving at all. Best of luck to you.

Every situation is different, and good legal advice cannot be given based on a short question without an exploration of all the facts that may bear on your situation. This is not legal advice and no attorney-client relationship has been established.


Sounds like a difficult situation. I am sorry you are going through it. You should still report it to your insurance company.

I am a medical malpractice, catastrophic accident and wrongful death attorney based in Philadelphia, Pennsylvania. I am licensed in Pennsylvania, New Jersey, California and West Virginia. Members of my firm are licensed in various states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation and social security disability. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.


This is a duplicate post. Look at the responses you got for that one.


Duplicate post. Answers remain the same.


See other answers--I still think you are being jobbed by your insurance co.