Is a stroke an "Act of God"

dacouch

Pedro its not down to whether the stroke caused the accident, its down to whether it could reasonably been avoided which is the definition that UK Law used to define whether someone is liable or not. As has been noted, if she had a history of heart problems or had felt ill that day there might be a chance of the other driver being held "Legally liable". Without this there is no claim unless the other Insurer decides to pay as a gesture of good will.

With regard to the OP paying their premium for onforeseen circumstances, I think they have TPF&T so are no covered by their own policy for their own damage so its not their own Insurers problem

P.S Welcome back

pedro123456

Dacouch she was diagnosed as having a stroke “after” the accident correct?, it therefore can only be proved the stroke followed the accident, and it cannot be proved that the stroke came before and caused the accident IMO, but I am not a Neurologist, or a Judge.

But facts are facts accident was first and the diagnosis followed, and that would be my argument, the fact that she may or may not have had PEMC, is a concern for her and her IC nac shouldn't have to foot the bill

The decision should be challenged IMO.

raskazz

Fortunately I cannot see Pedro's posts as I have him on ignore. I presume he is moaning about the insurer not settling the claim and is thus displaying his usual ignorance as the issue is not one an insurer's terms but one of the English law relating to tort. It is up to the claimant to demonstate that the accident was not caused by the stroke or that the driver had somehow been negligent - it is not for the defendent to roll over and admit defeat.

pedro123456

Good now stop babbling on to yourself Raskass and go and mash the tea

mattymoo

It can be challenged but it will cost. You will need to pursue a legal action against the driver and then wait for the other side to submit their defence. This will no doubt contend the stroke was unforeseable given that she had a previously clear medical history.

To support this defence they will need to disclose the medical records.

Nac will then need the opinion of a medical specialist to challenge the defence.

You could speak to a no-win no-fee solicitor. Some may shy away from this kind of work because of the possible negative publicity. Imagine the headlines - mum had a stroke and now this heartless firm of solicitors are suing her. I'm sure someone will take it on though, or use legal expenses cover if you have it Nac.