mbrcatz
|
Yes, they do. SOMEONE is at fault for every accident. So if you had a seizure, or if you hit a patch of ice, or if you have narcolepsy and fell asleep at the wheel, or had a heart attack, it's STILL your fault, unless it's someone ELSE'S fault.
Yes, it's beyond your control. But it's still your FAULT. |
|
bender_xr217
 |
If you had a seizure while driving and a accident resulted, you would be at fault since it was the onslaught of said seizure which brought the accident to fruition.
It's not so much a "blame" thing as it is a "cause" thing. |
|
alymad
 |
I would be more worried about having my license revoked if I had a seizure that caused an accident. They don't mess around with that sort of thing! But yes, it will affect insurance as though it were your fault. |
|
Debi
|
Yes, unfortunately. |
|
Andrew P
|
Probably, yes. And, if you use the seizure defense, your license will be taken away for usually 6 months, and you wont get it back until you can prove that your seizures have been cured, which can be next to impossible. |
|
mamatohaley+1
|
If it is a known health condition then yes you would be at fault. If you were perfectly healthy and had no indication that you would have a seizure than no you would not be considered at fault. |
|
crosseyedlemon
|
Would likely depend on the company and specific policy. If a person has a medical condition that is known to cause seizures they really have no business driving to begin with. Any competent doctor would advice against it and warnings are also provided by the medication manufacturers. It is extremely rare for someone to have a seizure come out of nowhere for no apparent reason. |
|
Becky B
|
probably will be charged as "at fault" medical. Be prepared to lose your drivers license until you are pronounced medically fit to drive. |
|
reddhotz2000
 |
It depends on a lot of factors. Did you know you had seizures prior to the accident and were not allowed to drive? If this was a first seizure, did anyone else get hurt in the accident? You probably will get the "at fault" charge, but it kinda depends on how the police officer wrote it up. IF you only damaged your car and yourself, sometimes they lessen the charge....esp IF it was a new onset seizure, but you will have to see a Neurology specialist and probably be seizure free for at least one year to get to drive again. I'm sure every state has different laws about people with seizures and driving. I see it a lot in the ER. It's often life altering for a young kid to have to stop driving for a year. But~~think of what could have happened....to you and others. Good luck! |
|
Quietman40
|
Yes. And depending on the state you live in, you will probably lose your driving rights too. |
|
tigerlilly
|
i would think that if they are compliant with taking their meds and they had a break thru seizure it wouldn't be their fault, but if they decide to stop their meds for some reason then yes it is their fault. |
|
C C
|
I would think that as long as you can show medical history or prove that the seizure happen that you could keep the insurance company from placing fault on the customer. |
|
CElliott
|
yes it will still be fault on the driver who had the seizure. the other person didnt make the seizure happen, they were just driving like they always do. It has to be someones fault
the drivers liscense will be revoked until there is medical prove your not a danger to others. thats how it works here. |
|
MSAD
 |
It depends on the situation.
Did the driver know they had seizures? If you are some one who has seizures and it is controlled by medication and you don't take your medication and have a seizure and cause an accident- then you are negligent. If you have seizures and a Dr has told you not to drive- and you drive and have a seizure - you are negligent. If you took illegal drugs that resulted in you having a seizure -you are negligent.
If you did nothing wrong (no drugs/substances etc.) - never had a history of seizures and you have one for the first time - this may be fall under the medical emergency doctrine - and you may not be liable for the other persons injuries. However, it is very very rare that this defense is used and successful.
In general - this would be an at fault accident and your company would pay for the other drivers damages and your insurance would go up. Your insurance company may also drop your coverage due to the increased risk you now pose. |
|
aaron p
|
I just want to know why they did brain surgery if your seizures were well controlled for years. What changed? |
|
EvArtD
|
If a person has a known history of having seizures and they get behind the wheel of a vehicle knowing full well that they could have a seizure at any time and possible injure others because of it, then they are being irresponsible and should be charged, ticketed, insurance increased and license suspened.
I was in an accident almost 15 years ago that totaled my car and screwed up my back permantely. The driver that hit me was a doctor. He got behind the wheel of his full size SUV knowing full well that he was sick and should not have gotten behind the wheel of his car. I couldn't sue because, "he couldn't control the fact that he was too sick to drive and I should have some compassion for him".
It's like murder. If you don't plan it - it's manslaughter. If it's premeditated - it's murder. Knowing the person has seizures that can hit at anytime is premeditated in my book and should be punishable at least with an insurance increase. |
|
| |
|
Homepage 
Financial
Forum 
Insurance 
No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
