Whether a driver can be held liable for an accident caused by a pre-existing medical condition depends on various factors, including the specific circumstances of the accident, the driver's knowledge of their medical condition, and applicable laws in the jurisdiction. Here are some key points to consider: Duty of Care: Motor vehicle drivers have a duty to operate their vehicles safely and responsibly, exercising reasonable care to prevent harm to others on the road. This duty of care applies regardless of whether the driver has a pre-existing medical condition. Knowledge of Medical Condition: If a driver is aware of a pre-existing medical condition that could impair their ability to operate a vehicle safely, they have a responsibility to take appropriate precautions to minimize the risk of harm to others. This may include refraining from driving when experiencing symptoms of the medical condition, seeking medical treatment or clearance from a healthcare professional, or following medical advice regarding driving restrictions. Foreseeability of Harm: Liability for accidents caused by a pre-existing medical condition may depend on whether the harm caused by the driver's actions was foreseeable. If the driver knew or should have known that their medical condition could impair their ability to drive safely and cause an accident, they may be held liable for any resulting injuries or damages. Negligence Standard: In legal terms, liability for accidents caused by a pre-existing medical condition would typically be assessed under the negligence standard. This involves determining whether the driver breached their duty of care by failing to take reasonable precautions to prevent harm, whether the breach of duty caused the accident, and whether the accident resulted in damages to others. Mitigating Factors: Courts may consider mitigating factors when assessing liability for accidents caused by pre-existing medical conditions. These factors may include the driver's efforts to manage their medical condition, compliance with medical treatment recommendations, adherence to driving restrictions imposed by healthcare professionals, and any unforeseeable exacerbation of the medical condition leading to the accident. Contributory Negligence: In some cases, if the injured party contributed to the accident through their own negligence, their recovery of damages may be reduced or barred under principles of comparative or contributory negligence. However, this would depend on the specific laws and legal doctrines applicable in the jurisdiction where the accident occurred. Ultimately, whether a driver can be held liable for an accident caused by a pre-existing medical condition is a complex legal question that requires careful consideration of the facts and circumstances of the case, as well as applicable legal standards and precedents. Individuals involved in accidents caused by drivers with pre-existing medical conditions should seek legal advice to understand their rights and options for seeking compensation for their injuries and damages.

Dear client, A car accident is a horrible experience that can leave you feeling really shaken. In the immediate aftermath, it’s natural to feel shocked and find it hard to think straight, yet having a clear understanding of the next steps can make the situation much easier. Here’s a look at how car accident insurance works, so you know exactly what you need to do next. Immediately After an Accident Driving away is illegal, so stop your car as soon as you can, turn the engine off and switch your hazard lights on. Also, check that any passengers in your car are safe and sound. It’s likely that they will be feeling really shaken and shocked, so try and calm their nerve. Assuming no-one is injured, here are some clear actions to take straight after an accident, to ensure that any car accident insurance claim is as straightforward as possible. Assess the damage Step out of your vehicle if you can and assess the extent of the damage. If repairs are minor, it might not make sense to claim on insurance. But for major damages, insurance can be invaluable. Talk this over with the other party. If you decide to go ahead with the claim, discuss who will make the claim. Gather information A successful claim needs facts and documentation. You will need the other party’s car registration number and their name, address and telephone number. You would also need to make note of the driving conditions and road quality, the sort of damage caused to both vehicles, and the make, model, colour and number plate of the cars involved. Finally, take photos of the damage and the road. Don’t apologize Don’t say sorry or admit fault until you really understand what happened, as this can be used against you at a later stage. Take action If the other driver leaves the scene without sharing their details or you believe they have no insurance or are under the influence of drugs or alcohol, then call the police. Understanding who is responsible Accidents happen for many reasons, such as speeding or failing to check a blind spot and it’s not always clear who or what was to blame. Yet understanding where responsibility lies is crucial for determining how damages are paid. And this is why having good car insurance is crucial for all drivers. Let’s look at the many scenarios and how to deal with them. Scenario 1 – If you are at fault If you are at fault and the other driver agrees, then the process is straightforward. You can either pay for damages yourself, or make a car accident insurance claim, which will cover repairs to both your own car and that of the other driver. Scenario 2 – If another driver is at fault You will need to provide as much detail as you can to your insurance company, to prove that you were not at fault. If your insurer and that of the other driver agree, the cost of repairs to your car should be covered by the other driver’s insurer. Scenario 3 – If no one is at fault Sometimes an accident can occur that’s clearly out of the driver’s control, such as a sudden illness. Surprisingly, unless you can show that the other driver has a history of medical problems, their insurer can refuse to pay your claim. This means that if you only have third-party insurance, you wouldn’t be able to claim for any damages to your car. Scenario 4 – If both drivers are at fault Here the cost of damages are shared between the drivers. But the amount each driver is at fault might not be equal and it’s up to the insurers to decide how to allocate compensation. Scenario 5 – If your car is damaged by weather These situations are usually covered by insurance, as they’re considered unavoidable and an ‘Act of God’. Scenario 6 – If your car is damaged while parked If your car is damaged and the driver responsible doesn’t leave their details, then whether or not you can make a car accident insurance claim depends on your cover. Generally, only the most comprehensive cover protects you from these scenarios. Approaching the insurer If you choose to go ahead and make a claim, you need to act quickly. Most insurers will only accept claims made within 7 days of the accident. By this time, you should have in order all the documents to raise the claim, such as copies of your license, registration and insurance. In case any person was injured in the accident, you would also need to file a First Information Report with a nearby police station and submit a detailed letter addressed to the Road Transport Office. India is the road accident capital of the world, with 11% of global deaths from accidents despite a share of just 1% of its vehicles. Given its high incidence, comprehensive car insurance can give you the peace of mind that no matter what arises, you will always have your wheels. Should you have any queries, please feel free to contact us!