Can an insurance company refuse a claim if the driver of a vehicle says that he blacked out?

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Can an insurance company refuse a claim if the driver of a vehicle says that he blacked out?

I was involved in an accident in VA. I and another motorcycle rider were hit form the rear. The driver at fault was determined to be the driver that hit us. The driver that hit us says he blacked out and doesn’t remember a thing. His insurance company says it may not pay our claim because of a VA law that excludes them from paying out a claim if he had a medical problem just before the accident. Is this true? Do I need to file a suit against the driver personally to become whole again?

Asked on April 21, 2011 under Accident Law, South Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You and the other driver need to immediately seek counsel before your statute of limitations to sue runs out and file suit against the driver, the insurance company and anyone else at fault for the accident. If the insurance this driver has specifically excludes coverage for him and others if he blacks out (i.e., pre-existing issue), then that insurance company should not have covered him in the first place. I don't see how it cannot cover you; this doesn't appear to be an act of God issue. So, your best bet is to file suit and possibly file a complaint against the insurance company with the Insurance Department of your state. Further, if your state has some sort of uninsured or under-insured medical coverage, you need to figure out how to qualify and what forms to fill out.


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