Legal Question in Insurance Law in Iowa

Auto Accident
My car was parked on the street in front of my home and was hit by a truck. The man apparently had a heart attack and died. My car was totaled. The man's insurance company claims that unless he has had previous documented heart problems this is an ''act of God'' and they are not responsible for damages to my car. Is this correct?

Asked on 1/24/01, 6:00 pm

Steven Murray Steven W. Murray, APC

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Re: Auto Accident

All persons must act reasonably and do what

"the average reasonable man" would do. Until

you know the details of how and why this accident

happened, or if there were any other causes

(defect in the car, hit and run driver, etc.)

you cannot be sure the deceased was not at fault.

I would not accept the insurer's undocumented and

self-serving statement of non-responsibility.

You should also claim under your own insurance for

collision/comprehensive coverage.

Answered on 3/08/01, 5:51 pm

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