Auto Insurance Forum

I was recently going 25 mph in a school zone when a woman rear-ended me. The police officer did not cite her, saying she had a medical condition that caused her to black out and lose control. Her insurance company is now claiming that the woman is not at fault. They say her condition is an "Act of God" and they are not liable for the accident. Why should I have to pay a $500 deductible and put this through my own insurance company?

Nicole, Colorado

Dear Nicole,

An Act of God refers to a "natural occurrence beyond human control or influence," according to Barron's Dictionary of Insurance Terms. An Act of God can include a hurricane, earthquake, or flood. It can also include an unforeseen medical problem or condition that causes an accident, such as a sudden seizure, according to Christel Szczesniak, special assistant to Colorado Insurance Commissioner William Kirven.

Szczesniak says that if the other driver had known about her condition before the accident her insurance company would be held liable for the accident. That's because her blackout could be expected, even if she was taking medication for her condition. However, if her blackout occurred unexpectedly, and had never happened before, the insurance company may have the right to deny the claim under its "Act of God" provision.

If the woman was treated on the scene by paramedics, there should be a report that states whether her condition was evident before the accident. Contact your local emergency medical response team or your local police department to find out if you can get a copy of this report.

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