Expert: Ron Cercone - 9/21/2009

Question
My daughter's vehicle was recently struck in an accident.  The person causing the accident had a seizure and now we are being told that State Farm will not reimburse my daughter's deductible.  Is it true State Farm can refuse the claim due to a medical issue?  

Thanks!

Answer
Hello Lizanne,

Thought I answered this before, but will try again. If having a seizure while driving a car is not considered negligence in your state, then neither you nor your insurer can collect from that other driver. Now if you can show that that other driver neglected to take his/her seizure medicine, then you will have a case. Also if that other driver failed to notify the DMV that they have certain medical problems, that could possibly get coverage for you. While your state would probably not give you the other drivers license information, perhaps a complaint to your state consumer affairs auto bureau and or the local police officer who took the accident report, would trigger an investigation that could benefit you.