Location – US, Missouri (an at-fault/tort state); auto incident.
A little over three weeks ago, an octogenarian hit six parked cars, including mine, in a parking lot. She/her insurance company are claiming that she had a sudden medical episode and that determining liability may take months; I get the sense that they are delaying wherever possible and hoping that eventually she will be determined not liable. The police report states, "DRIVER 1 STATED THAT SHE REMEMBERS GETTING INTO HER VEHICLE. DRIVER 1 STATED SHE DOES NOT REMEMBER GETTING INTO AN ACCIDENT. DRIVER 1 STATED SHE "BLACKED OUT." DRIVER 1 WAS TRANSPORTED TO THE HOSPITAL FOR HER INJURIES." (this was the entire police report, as no one else was even in their cars at the time of impact). The carrier advised that a full liability investigation could stretch into months, and they are requesting the driver's full comprehensive medical records. The driver did have a handicap placard as well. I know that she did have to stay at the hospital after the incident for at least a day or two.The driver's carrier has advised that due to the potential length of the investigation, that we all pursue claims with our own carrier to get our vehicles fixed.
Possibly important (in my opinion) of note: the driver initially hit two parked cars in front of her (I think possibly confusing gas with brake); then reversed, and continued to press the gas and reversed in a half circle, impacting the second set of cars – my car was in the second set. I find it extremely unusual for someone who has lost consciousness to then still be operating a car in a normal fashion (shifting and pressing gas pedal).
Should I continue to wait this out with her insurance carrier in hopes that they'll accept liability, or should I pursue a claim with my own carrier to get my car fixed? My passenger door was smashed pretty badly but the car is operable and thankfully, I don't have to drive around much. I am reluctant to pursue a claim with my own carrier because if I am understanding correctly, there is a chance that if I do and pay my deductible (with the hopes of getting reimbursed if she is determined to be liable), if she is NOT held liable, I would then be completely out of my deductible. Is there a chance if she is not found liable for this incident, that I would need some sort of personal injury lawyer and would need to pursue something against her for the amount of my deductible? ($1K)
Am I understanding this all right? Is there anything I can do to move this along, or am I resigned to wait it out? I am stubborn and a little petty so I'll drive this car as-is for the next six months if I have to. I'm clearly type A so I just want to have a better understanding of this whole thing. Thanks in advance for your expertise!
Sudden medical episode during car accident
byu/beany_babies inInsurance
Posted by beany_babies
4 Comments
Consciousness isn’t binary, on or off. It’s quite common for people to function at diminished capacity while blacked out enough to have no consciousness of their actions or memory of events. If you ever have to care for a declining elderly person, you may come to recognize when the lights are on but no one’s home.
This is a major problem for the aging in a society where everything is designed around able-bodied drivers. People keep driving long after they’re not really cognitively competent to do so.
The behavior you describe actually fits really well with that. After decades of driving, going into reverse is instinctual behavior that doesn’t require conscious thought. So is stepping on the gas. But noticing that stepping on the gas isn’t having the desired results requires awareness of what’s going on outside the car.
– They are not delaying wherever possible. If someone has a legitimate sudden medical emergency then they would not be liable. It takes a while because of the medical supports and proof they need to get to investigate it. It is extremely hard to prove.
– It does not sound like she is saying she lost consciousness, but that she blacked out and does not remember. A medical issue could cause her to be confused and disoriented and not remember it.
– You should absolutely file with your carrier if you want the vehicle to be fixed anytime soon. Also keep in mind that if the damages let water in, or make it not secure and this causes more damage, neither insurance will cover that damage. Same thing if you drive it and it causes more damage while driving it (tire rubbing on something, etc.).
– Yes, if she is not liable then you would not get your deductible back.
– Are you injured? It was not clear if you are injured.
You’re understanding it perfectly. If you can drive your car without causing further damage, it would be a good idea to wait for their decision.
“I get the sense that they are delaying wherever possible and hoping that eventually she will be determined not liable. “. What is wrong with that? It is them, doing their job. You are also 100% correct, that could be the outcome.
You don’t need any help with the decision as the the other carrier has given you all of the correct information. You may not like it, but it is 100% correct and spot on. You can wait for their investigation which _might_ take months and even then they mat deny liability or your can file with your own carrier and they can seek recovery (including your deductible) if possible.