What to do if my mother recently had a stroke while driving which caused an accident?

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What to do if my mother recently had a stroke while driving which caused an accident?

no injuries were reported at the scene of accident. mother’s insurance deemed the incident an “act of God” and therefore they are not liable for damages to the other party. They did pay for damages to my mother’s car. The other party’s insurance do not want to pay for their damage. We were notified that the other party is requesting my mother sign a statement that she was 100% at fault for the accident. I can only assume that they are considering suing and are now claiming injuries. My mother’s assets have not been put in a protective Trust; I know that is not an option right now. My husband is questioning if we could be financially affected personally.

Asked on November 19, 2015 under Accident Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You indicate that it was your mother's car, and also that your mother was driving. In that case, there should be no personal financial effect: you are not liable for the accidents of another person, even your mother, unless it was your car which she was driving or you in some way were at fault in causing the accident. Of course, anything which your mother ends up losing (e.g. ends up paying if she is sued) is money that would not potentially one day come to you, when your mother passes; so in that way, there could be an indirect effect on you in the future.


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