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Auto Insurance Claims/My uninsured cars were struck while parked
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Question
Recently in Sacramento CA, two of my cars were struck by another driver
while my cars were parked. The driver came across the center of the street to
hit them both. The driver claimed that she had a panic attack and lost control
of her car. She refused a ride to the hospital from the ambulance on the
scene
and the Police officers allowed her to drive the car away without citing her for
the lane violation and did not file a police report since no one was injured
(they stated that this is the procedure in Sacramento County). Neither of my
cars are insured since we rarely drive them and her insurance is no denying
"legal culpability" since their insured suffered from a "non-preexisting
condition that caused their insured to blackout" I know that she is completely
liable??? and need to know what i need to do hopefully settle this without
taking her to court if possible. Can you assist me with information regarding
what sections of the vehicle code she has violated and what I need to do see
that she is cited and investigated for this crime. Any and all information that
will assist me would be greatly appreciated. I look forward to your reply.
thank you.
If a person loses control of a vehicle due to a non preexisting medical condition, neither they nor their insurance company are liable.
As far as you forcing law enforcement to investigate and cite her for the incident, good luck. It is up to the discretion of the officer and this is not what would legally constitute a "crime".
Your only recourse at this point would be to sue her and then prove to the court that she did not suffer from a sudden attack of any kind. It will be your word against hers.
Good luck!
FOLLOW UP:
Joey,
You have now been told by two insurance professionals that a sudden medical attack does absolve an individual of liability.
However, you choose to give me, a volunteer, helping you out on my own time, a negative rating because you don't or believe or like the answer? If you are so knowledgeable in these matters, then why did you need to post the question?
I would recommend that you forward your question to another forum.
I have to deal with enough "know it all, though they really have no knowledge of insurance or law" individuals during my full time job and will no longer be volunteering my personal time for people like you after this week.
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| Rating(1-10) | Knowledgeability = 6 | Clarity of Response = 10 | Politeness = 10 |
| Comment | Since I have a hard time beleiving that the response could be true, I am not sure how to rate his knowledgeability, but all other aspects were 100%; I had a reply in less than 24 hours that was succinct and polite. Thank you! | ||
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Answers by Expert:
webfoot
Expertise
Auto damage, liability, insurance fraud. I am a full time auto insurance adjuster with experience in collision, theft, liability and fraud investigation. I am also an ASE Master Auto Tech and I-Car Collision Platinum certified. My experience includes 15 years in the auto repair industry, a B.S. in Criminal Justice, Law enforcement and auto insurance. ****** NO "PRIVATE" QUESTIONS WILL BE ANSWERED. I HAVE FOUND THAT NEARLY ALL PRIVATE QUESTIONS COME FROM PEOPLE WHO ARE CONSIDERING OR ATTEMPTING TO COMMIT FELONY INSURANCE FRAUD AND I'M NOT HERE TO HELP YOU! ****** I AM HERE TO ANSWER AUTOMOTIVE REPAIR, CLAIMS PROCESS AND SOME SIMPLE LIABILITY QUESTIONS. I CANNOT ADDRESS COMPLEX LIABILITY SCENARIOS WITHOUT HAVING ALL OF THE INFO FROM BOTH SIDES IN FRONT OF ME. QUESTIONS ABOUT PREMIUMS OR HOW INSURANCE IS RATED SHOULD BE ADDRESSED TO YOUR PERSONAL INSURANCE AGENT WHO KNOWS A WHOLE LOT MORE ABOUT YOUR HISTORY THAN I DO. I'VE NEVER SOLD INSURANCE AND DO NOT KNOW IF YOUR INDIVIDUAL INSURANCE RATES WILL GO UP IF YOU MAKE A CLAIM. THOUGH I'VE HANDLED SOME VERY MINOR SOFT TISSUE INJURY SETTLEMENTS, I PREFER NOT TO ANSWER INJURY RELATED QUESTIONS. I'M NO INJURY EXPERT AND I'LL LIKELY SAY SOMETHING TO HURT SOMEONE'S FEELINGS AS I BELIEVE THAT MANY SOFT TISSUE PAIN AND SUFFERING CLAIMS ARE OVER DRAMATIZED. UNLIKE MANY OTHERS, I AM ON THIS FORUM AS A VOLUNTEER WITH NO PRODUCTS OR SERVICES TO SELL AND PROMISE AN UPFRONT ANSWER BASED ON MY EXPERIENCE IN BOTH SIDES OF THE INDUSTRY. IF YOU PROVIDE ME WITH A HONEST VERSION OF EVENTS, I PROMISE A CANDID AND HONEST ANSWER IN RETURN. I CANNOT ADDRESS ALL CLAIM SCENERIOS DUE TO DIFFERING STATE LAWS AND REGULATIONS, BUT WILL DO MY BEST. PLEASE REMEMBER THAT AN HONEST ANSWER MAY BE ONE THAT YOU DON'T LIKE SO IF THAT IS GOING TO BE A PROBLEM, PLEASE DON'T ASK THE QUESTION. LASTLY, I DO NOT ACCEPT RATINGS AS I DON'T DO THIS FOR RATINGS AND WISH TO SPEAK FREELY.
Experience
20 years in automotive industry, Currently in insurance claims, worked actively as technician and shop owner until about 10 years ago. Current ASE Master Auto Tech and I-Car Platinum Collision Certifications, B.S. Criminal Justice and 10 year auto insurance/extended warranty background
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