Assume someone was driving with a valid drivers license and any required insurance, but had a major disability or disabilities, and is involved in a major car accident that results in significant injuries to both parties involved. Assume the disabilities could hinder ones ability to drive (neck, shoulder, and/or leg issues).
If the person with the disability or disabilities is found to be at fault for the accident, does the fact that they have disabilities allow for a plaintiff in a civil suit case to file for additional damages (more than just what would be typically covered by insurance)? Would the disabled drivers insurance even be valid and obtainable by the plaintiff given the drivers conditions?
In addition, would regular car insurance cover medical costs for the disabled individual involved in the accident? Could the insurance company claim the driver should not have been behind the wheel and fight any claim?
I have a family member with physical disabilities who is trying to get behind the wheel of a car again but I fear he is not ready. I also fear if he is involved in an accident he could lose the majority of his estate in a civil suit. My thinking is he will need his assets later in life for appropriate full time care and by being stubborn now sets himself up for financial problems and will limit his long term care options in the future.
Thanks for any input.
If the disability occurred after a liscense was issued that is a different matter and would have to be looked into.
Good luck.
As for protecting his assets, he should have an umbrella policy if this is a real concern. This holds true even without a disability.
All drivers are supposed to have their vision tested every 10 years, but the Motor Vehicle Commission concedes that program has never been fully implemented. Currently, it is piloting a program with eye-care professionals that would allow drivers to mail results of an exam to the agency.
Doctors are required to report certain health conditions to the licensing agency, but other people also can report possibly unsafe drivers of any age for a review.
NEW YORK: Licenses last eight years, with no special provisions for older drivers.
The Department of Motor Vehicles can re-evaluate a driver of any age based on a specific reason, such as a driving incident or action reported by a doctor, police officer or observer. It also can restrict licenses to such things as daylight driving only.
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But the drive up ATM's are already equipped with braille so he/she's got that going for them.
now that I think about it...self driving cars really could help out a part of society many people don't think about helping. people with disabilities and drunk drivers.
He has a license, which was then verified by Uber, so I couldn't imagine being able to sue him specifically if something happened.