Legal Question in Personal Injury in California

Yes you have recourse. If you have Comp. & Collision on your car (full coverage) your insurance company should cover you either way. It sounds to me like you do not have full coverage. If you do have full coverage and they are not covering this, demand arbitration.

With respect to the person that hit your car, sue them. They are obviously at fault. If they try to pull the unforeseen act of god ticket, subpoena their medical records to see if they have a history of seizure's. If they do, the seizure was foreseen.

I would dispute the fact that they even had a seizure. This is why it is good to retain an attorney!

Oh give me a break , I completely agree with Norman. You should be able to get coverage under your comprehensive portion of your policy and sue the idiot that hit you for the rest. Your company also risks exposure to a bad faith action for their wrongful denial of your claim too

I would think that he and his insurance company would not want to get into a battle over his medical records and risk the DMV yanking his license which they should do anyhow.

You ought to report him so he doesn�t hurt someone. They have a section where you can make complaints about bad drivers. I seriously doubt that he did not have some kind of condition that would have forewarned about his seizures. So its no act of God.

It is this kind of dishonest conduct by insurance companies that keeps accident attorneys like myself in business.

Good luck and don't let them BS you.

How much was the damage? It may be worth a civil suit to do the proper discovery to determine whether or not there is negligence. Contact me directly.