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Medical Forum / Diseases and Disorders / Epilepsy / August 2006Car Wrecked By An Epileptic, Deemed an "Act of God" - Please Help
Hi, My wife was rear-ended by a woman who knew she had epilepsy and had a seizure during driving. My wife's car is likely totaled (a lot of damage). The woman is covered by Progressive Car Insurance, and they claim that they cannot cover the claim because it was "an act of God." We only found this out through our insurance company calling them and digging that out of them. Since we only had liability, our insurance won't cover it either. Thus, we're up that proverbial creek. Is progressive giving us the run around? Why wouldn't they disclose the information of why they weren't covering it? Do we have any options? My wife is pretty distraught and it doesn't seem like anybody is on our side (even our own insurance company is reluctant to give advice or pursue justice). We're very poor and this person could have severly crippled us financially. Our total income for the year is less than $20,000. Any advice would be greatly appreciated. > Hi, > [quoted text clipped - 12 lines] > have severly crippled us financially. Our total income for the year is > less than $20,000. Any advice would be greatly appreciated. Contact your local "Legal Aid" Society and/or your State Insurance Commissioner's office. They give free legal assistance to low income people. Your problem is a complicated *legal* problem, not a *medical* one and nobody here is qualified to advise you. > > Hi, > > [quoted text clipped - 17 lines] > Your problem is a complicated *legal* problem, not a *medical* one and nobody > here is qualified to advise you. Howdy! I totally agree with "partials"! Two key questions that I would keep in mind are: Was the driver legally allowed to drive at the time of the accident? (i.e.; Had they had any previous seizures within the the time restraints imposed by your state's law?) and Who deemed it to be an "act of God" -- a judge or the insurance company? Dave Howdy! To the best of my knowledge "acts of God" are almost exclusively in the realm of natural disasters in which no humans are involved. To wit: weather, volcanos, earthquakes, landslides, meteores and the like. IMO: It takes a fair stretch of the imagination to think that a vehicle being driven by a human to be a natural disaster! Dave > > > Hi, > > > [quoted text clipped - 35 lines] > > Dave If they call a seizure an "act of God" then they should also call, heart attacks, strokes, dropping dead at the wheel and all other unforeseen medical emergencies as "acts of God." I am quite sure that this is not the case! Dave > Howdy! > [quoted text clipped - 50 lines] > > > > Dave > If they call a seizure an "act of God" then they > should also call, heart attacks, strokes, dropping > dead at the wheel and all other unforeseen medical > emergencies as "acts of God." > > I am quite sure that this is not the case! Of course a seizure isn't an "act of God"! Everyone knows that they're caused by evil spirits. >> If they call a seizure an "act of God" then they >> should also call, heart attacks, strokes, dropping [quoted text clipped - 5 lines] > Of course a seizure isn't an "act of God"! Everyone knows that they're > caused by evil spirits. Sorry about that. I just couldn't resist. The devil made me do it. ;} If they call a seizure an "act of God" then they should also call, heart attacks, strokes, dropping dead at the wheel and all other unforeseen medical emergencies "acts of God." I am quite sure that this is not the case! Dave > Howdy! > [quoted text clipped - 50 lines] > > > > Dave > Howdy! > [quoted text clipped - 9 lines] > natural disaster! > Dave You are correct (as usual, most times)... If those were acts of God then so would be drunk driving, people with other uncontrolled medical conditions, or people who didn't have capability to know where they were or what they were doing (other medical conditions than just ep.) G./ > > > > Hi, > > > > My wife was rear-ended by a woman who knew she had epilepsy and had a [quoted text clipped - 31 lines] > > or the insurance company? > > Dave Howdy! IMO: It takes a fair stretch of the imagination to think that a vehicle being driven by a human to be a natural disaster! Dave You've never seen my wife drive. Mike > damage). The woman is covered by Progressive Car Insurance, and they > claim that they cannot cover the claim because it was "an act of > God." Interesting, to say the least. Though there seems to be several gods, ie. the god Shiva, the god Allah, the god God, I suppose it is the latter that is responsible in this case. I still can't believe someone are making such a claim in this century, or whatever century they may believe they are living in. Like Howdydave, I would like to hear a little more about this argument. Incredible! It would have made the front page of every newspaper here in Norway . . . . cheers, ole k >> damage). The woman is covered by Progressive Car Insurance, and they >> claim that they cannot cover the claim because it was "an act of [quoted text clipped - 7 lines] > little more about this argument. Incredible! It would have made the > front page of every newspaper here in Norway . . . . Hei Ole - You left out all those Viking gods like Odin, Thor, & Frey! :) But seriously, an "act of god" is a very standard legal term and used frequently in insurance contracts. Earthquakes, floods, & mudslides would be typical examples of "acts of god" that caused damage that an insurance policy may not cover unless they were specifically included. Take a look at this website that explains it far better than I can. http://en.wikipedia.org/wiki/Act_of_God All of that aside, the driver (epilepsy or no epilepsy) and owner(s) of that vehicle would be responsible for any damage if the case has been presented correctly and there aren't other factors that we are not aware of. If the insurance won't pay to cover them (driver & owner), then they will need to pay directly although it will take an attorney and a lawsuit to get payment from their assets (house, vehicles, bank accounts, etc) if there's anything there. If the driver was legally licensed to drive and held a valid unrevoked driver's license in the state, it's hard to see how the insurance company could get out of this and their clutch at that defense makes that appear to be so (valid license). If the driver had failed to report seizure events which would have led to lose of driving privleges and had not stopped driving, then the insurance company would be off the hook. That doesn't appear to be the case and, don't forget, a driver can have a heart attack, stroke, or other medical event that can cause an accident also. But any legal advice here is worth what they paid for it. They haven't posted in any legal newsgroups and I honestly wonder if this wasn't a troll. > Hei Ole - You left out all those Viking gods like Odin, Thor, & Frey! :) How could I . . . . > But seriously, an "act of god" is a very standard legal term and used > frequently in insurance contracts. Earthquakes, floods, & mudslides > would be typical examples of "acts of god" that caused damage that an > insurance policy may not cover unless they were specifically included. Thanks for sorting things out a bit for me. The above is what is called "Force majeure" in Norway, and checking my dictionary, it is, like you said, translated as "act of god". Which makes it all sounding a bit less ridiculous to a foreigner like myself. Again, thanks a lot and take care, ole k (being a bit curious about how you did know the correct spelling of the Norwegian "Hei", as it differs from the "Hej" in the two other Scandinavian countries) :-) > (being a bit curious about how you did know the correct spelling of the > Norwegian "Hei", as it differs from the "Hej" in the two other > Scandinavian countries) :-) And er instead of är and ikke instead of inte and . . . :-) >> (being a bit curious about how you did know the correct spelling of >> the Norwegian "Hei", as it differs from the "Hej" in the two other >> Scandinavian countries) :-) > > And er instead of är and ikke instead of inte and . . . :-) Impressing! :-) Come to think of it, you were also able to commuicate with the Polish person in his/her native language (to some extent, at least). Even more impressive. Sorry if this is slowly sliding off topic. ole k >>> (being a bit curious about how you did know the correct spelling of >>> the Norwegian "Hei", as it differs from the "Hej" in the two other [quoted text clipped - 3 lines] > > Impressing! :-) No more so than the fact that you speak English in addition to Norwegian. Can't I learn another language too? :) It's also an example of what is popular knowledge there and that's that, if you know one of those three languages, you can make your way fairly easily in the others too. > Come to think of it, you were also able to commuicate > with the Polish person in his/her native language (to some extent, at > least). Even more impressive. That has more to do with a willingness to make the effort. There is quite a lot of language material freely available on the web and intent in use counts for more than fluency. When she first posted at the end of last year, nobody responded, for whatever reason, and I thought that she deserved better than that. This group doesn't need to be an enclave for only those who speak perfect English. From past experience, I know that saying a few words in someone's native tongue is a good way to make them feel welcome. Also from past experience, I know what it feels like to attempt to communicate in another language that I didn't speak well and could empathize with her situation. That was part of my motivation. > Sorry if this is slowly sliding off topic. It seems to have gained momentum :) so I fixed the header. > >> damage). The woman is covered by Progressive Car Insurance, and they > >> claim that they cannot cover the claim because it was "an act of [quoted text clipped - 34 lines] > But any legal advice here is worth what they paid for it. They haven't posted in > any legal newsgroups and I honestly wonder if this wasn't a troll. Howdy! To the best of my knowledge "acts of God" are almost exclusively in the realm of natural disasters in which no humans are involved. To wit: weather, volcanos, earthquakes, landslides, meteorites and the like. IMO: It takes a fair stretch of the imagination to think that a vehicle being driven by a human to be a natural disaster! Dave The first thing I would do is check to see if in your state she was seisure free long enough to have her license or she was driving without a license if thats the case contact her doctor and go from there. Oh and by the way I have epilepsy and have not been able to drive for 8 years, Good luck. If she was not seisure free long enough to get her license back then she is one of the people with Epilepsy who hurt all of us. Mike H Did the insurance company know she had epilepsy? If so,I would think she would have to cover it. If not,then they may not be responsible. Keep talking to us. I know of you fear. Janie > Hi, > [quoted text clipped - 12 lines] > have severly crippled us financially. Our total income for the year is > less than $20,000. Any advice would be greatly appreciated. |
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