Legal Question in Personal Injury in Pennsylvania
I was recently involve in an auto accident where a person had stopped at a redlight and as I was passing through the intersection the motorist went through the redlight and struck my vehicle in the drivers rear. He then proceeded to leave the scene. I followed and stopped the person approx. 1/2 mile from the scene. He exited the vehicle, stubbled, near fell into the street. At that point I realized he had a medical condition and assisted him back to his car seat. The police and paramedics were called. The man later died at the hospital.
Now his insurance co. (Nationwide) refuses to cover the damages to my vehicle stating under PA law a person with a medical condition is not liable for the accidents and damage they cause.
Can you tell me if this is true or not???
Thank you,
4 Answers from Attorneys
Pennsylvania does have an Act of God defense. This is something that most lawyers are able to work around. You should contact an attorney as soon as possible as that legal issue is a tricky one that the insurance company will not likely cave on without legal representation. Remember, most personal injury attorneys work on a contingency fee basis, as do I, so there is no risk or out-of-pocket expense in contacting an attorney to aid you in the fight.
If that is what NW is stating it's incorrect. Here's the issue. Nationwide would have to prove in a court case that the other driver suddenly & without warning basically became unconscious & that situation caused the accident. Thus, if the other driver had a known medical condition & chose to drive a car, then the driver was negligent since it was not a sudden, unknown situation. Also, even if the driver had no known medical conditions, but felt ill several minutes prior to the accident & kept driving anyway, the driver was negligent. There is a burden on NW to prove it's defense. Merely because the other driver had a med condition is not a sufficient defense. I would tell the claims rep that you consulted with an atty & you know the law about this issue & NW will fail in its defense. See if that helps with your claim. Good luck!
An experienced, hard-working personal injury atty will dig deep to prove that the guy who died knew (or should have known) that he had the medical condition and should not have been driving. Don't accept Nationwide's word. You're on the other side of the State from me, so it will be pretty inconvenient for me to represent you. But if you need names of attys who are closer to you and who can do a good job for you, call me. Thank you.
Richard Senker 1 866 AUTOCRASH (toll free)
You should talk to an attorney right away. This is a weak defense. Don't accept the insurance adjuster's opinion--his job is to save money. We handle cases like these and can deal with the adjuster directly, and seek maxium recovery for you. Feel free to give us a call: 267.639.3105.
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