While we were busy being befuddled, a California lawyer slipped a smart-bomb in the comments.
Bluegus32 tells us that insurance is all about negligence. Since nobody knew about the driver’s stroke condition, “from a strictly legal perspective, the insurance company has no liability.”
- “He didn’t know that he had a medical condition. He did not do anything illegal or improper. He was driving his car when seized by a previously-unknown condition. This easily qualifies as a “freak accident.”
There is no negligence. Since the insurer’s liability is based upon the negligence of its insured, then there is no coverage here. The insured was not negligent. Therefore, his insurance company is not liable.
I know this sounds like it’s a horrific result but this is textbook tort law.
This, my friends, is a wonderful example of why you must always carry full insurance coverage so that YOUR OWN insurance company can cover your damages in such an event.”
Previously: God Works In Mysterious Car Accidents