Someone totaled my parked car while having a seizure

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jan 15, 2014

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Insurance Question from Aspen Hill, MD

Asked on 01/15/2014

Someone totaled my parked car while having a seizure Hello,A man hit my parked car while he was having a seizure. He totaled it. He also was driving a rental car at the time, the rental car insurance company is trying not to pay even though he is a documented epileptic, they are claiming that he did not reveal this to them so they are not liable, is this true???? I mean he totaled a parked car! Someone else other than myself should have to pay.

Answer given on February 06, 2014

If someone is using a rental car, and does not reveal medical issues that could affect their driving, the rental car company may deny coverage for damages caused. If the driver has insurance on an owned vehicle, you can file a claim against him through that insurance. Insurance follows the car, but if the coverage is denied, or not available, you may be able to collect from the driver’s policy.If these do not move forward smoothly, you can file a claim through your insurance company. They will pay the actual cash value of your car, less your deductible. They will then try to collect from the other parties through subrogation. If they are successful, your deductible will be reimbursed.The only payment you will receive from any insurance company is the actual cash value of your car. While you can negotiate the value with whatever insurance company is involved, it may not be a figure you feel is sufficient.


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