Answer to Neighbor hit my unoccupied vehicle | Medical Defense

by Steve

My neighbor going to work at 7am drove about 40 feet from his driveway then veered to the right hitting my unoccupied vehicle parked in my yard next to the roadway then came to a stop across the end of my driveway, when asked what happened he said something was wrong with his suv and it wouldn’t turn, he tried several times to move it out of my driveway but still couldn’t get it to turn.

The police came and made a report no ticket but stated the driver said his steering quit working after which a coworker took him to the ER to check for possible injuries he ended up in the hospital for following week because his blood pressure out of control. we both have the same insurance company same agent same company as the tv commercial except we don’t seem to be connected at all because our insurance company wants to charge the accident to my policy claiming the accident stemmed from a medical condition and NC law exempts the other party from fault.

My question or I should say questions are, If there was some kind of medical issue between his driveway and the 40 ft or so till he hit my car, is there really a law that allows an insurance co. to dodge paying for or make the innocent party pay for his own property damage and inconvenience from the loss, and is letting them put this accident on my liability coverage my only recourse in order to have a running vehicle again. It been three weeks now and it seems like their trying harder to not help and their suppose to be my insurance co. too.


Answer to Neighbor hit my unoccupied vehicle | Medical Defense

Hello Steve,

We don’t know if there a specific law or statute that states that. It seems to me that it should be the insurance company’s duty to show that. Where is the exact quote to such regulation or law.

We do know of a general “medical defense” which sometimes is termed “sudden emergency doctrine.” This doctrine states that if there is an unforeseen emergency (which can be a medical condition) the negligence will not “attach.” As you can see, it must be unforeseen.

Two things, is a blood / heart condition unforeseen? It is unlikely. Unless we are talking about a complete surprise (i.e. heart attack without knowledge of any health issue). If this individual was taking any medication for the condition, then it is questionable that it was “sudden.” The issues with the steering wheel does not seem to make sense with the medical condition either.

Lastly, (the second thing): a Medical Defense is that a “defense.” Your adjuster must go after the at fault party and LET THEM (his insurance – since they are the same, his adjuster as there should be two difference claims and adjuster) prevail with the defense. It is their burden to show that the defense applies.

Talk to a local lawyer to see if there is a statute.

Good luck,
http://www.auto-insurance-claim-advice.com/