Legal Question in Insurance Law in Missouri

Car Accident

Hi there,

For the 2nd time in about a year, my car was hit while parked on Christmas Eve morning. The person driving apparently had a seizure, hit my car very hard, kept on going down the street, and hit two more cars. My car and his were the only ones totalled. He was an elderly man, who I am told began taking off his clothes as he had urinated during the seizure, and he has since been admitted to a mental institution I am told.

I finally got a hold of his insurance, and his insurance is trying to say his seizure was an act of God. I've never heard this before. He was on seizure medication, but who knows if he had taken it. I know you're supposed to be seizure free 6 months (at least) before driving. He has a known seizure disorder and I've been told he's mentally unstable from people who also live in my apartment building. I feel helpeless as now it looks like I'm going to have to pay my dedictible for what he did, just like I had to do the last time as last time the person didn't have insurance.

My car was destroyed - the trunk was in the back seat. What are my options? Or do I have any? I talk to his insurance again tomorrow as my mom has been dealing with this situation as well (I'm 25) given I work a lot.


Asked on 12/27/07, 11:00 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Car Accident

I do not believe that the seizure is "an act of God" that enables an insuror to avoid paying your claim, but I would have to conduct some legal research before giving you a definitive answer. If I am right then you could simply file suit for the value of your car, name the other driver as the defendant, have him served, and his insuror will take over the defense or pay the claim. It might be cheaper and better for you to pay your deductible, obtain a replacement vehicle under your policy, and let your insurance carrier go after the responsible party and/or his insuror. Good luck.

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Answered on 12/27/07, 11:23 pm


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