Expert: Richard Hixenbaugh - 9/3/2009

Question
My car was recently rear ended by someone claiming to have a seizure.  However,he first backed out of a parking space and hit two cars behind him then the car somehow got put into drive and hit my parked SUV pushing it over a concrete curb. Driver says he has no memory of what happened and the passenger claims he was was having a seizure and had no control over his car.  Now his insurance is saying that he may not be liable and I might not receive my deductible back. Is this true?


Answer
Hi Heather,

A person becomes liable for damage they cause when thay have done something to cause the damage that a reasonable person would not have done. In the case of damage happening due to a medical condition, the person with that condition can not be held legally liable for the damage because they had no control over the situation.

You or your insurance company should demand medical records that confirm that this person has a siezure disorder or that they had a single siezue event as proof. Otherwise your insurance company should push for reimbursement. If there is no proof of a siezure then he is liable for the damage.

I hope this helps
Richard Hixenbaugh