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Finding the Right Legal Representation for Your Company
Sudden Medical Emergency And Techniques For Overcoming It
Tracy Roberts
If you want to file an auto accident claim, one of the defenses you might meet is that of a sudden medical emergency. Below is an overview of the defense, and how you can still get your compensation.
The Rationale for the Defense
Medical emergencies can cause auto accidents. For example, a seizure or heart attack will leave you unable to control your car, which means the car can veer out of your lane and hit other road users.
Many people think they should not be held liable for accidents resulting from sudden medical emergencies. The rationale is that sudden medical emergencies are unforeseeable and unpreventable. Using that logic would leave some accident victims without accident compensation. Fortunately, there are a few steps you can take to get your compensation even if the defendant has raised the sudden medical emergency defense.
Getting Compensation
Here are the two main ways to get your compensation.
Overcoming the Defense
The sudden medical emergency is not an airtight defense; there are ways of overcoming the defense. Any motorist raising the defense must prove that:
- They experienced a medical emergency before the accident.
- The medical emergency led to a loss of control of the car.
- The medical emergency was unforeseeable.
You may be able to overcome the defense by disapproving of any of the above elements. For example, a person who experiences signs of a heart attack and then gets into their car to drive to the hospital cannot use the defense. In such a case, the driver must or should have been aware that their medical condition could cause an accident (the emergency was foreseeable).
Another example is a driver who experiences a mild seizure while driving but fails to control their car because they are intoxicated. In this case, the seizure (medical emergency) is not the cause of the accident.
First-Party Claim
If you can't overcome the sudden medical emergency claim, then your next best action is to file a first-party claim with your own auto insurance company. A first-party claim would be the norm in no-fault states. In such states, drivers involved in auto accidents get compensated by their own insurance companies irrespective of fault.
You can still file if you are in a fault state. It is just that you will have to pay the deductible for your claim. Note, however, that filing a first-party claim will go into your driving history and might raise your coverage rates in the future.
Talk to a personal injury lawyer for more information.
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