Driving w/ Epilepsy and Auto Insurance

[amdonquis]

Does anyone here know what the laws are regarding epilepsy and auto insurance? I was recently in an accident, not my fault. Since there were no witnesses to the accident, it's a she said, she said. The other driver is claiming I hit her. I can't get my deductible back because the other insurance company is denying the claim. I would take the othe driver to court, but my auto insurance doesn't know I have epilepsy. They never asked about any medical issues so... Was I supposed to volunteer this information? I'm really nervous about everything now. I haven't done anything wrong.
A few days ago I received a document from the ER where I was treated after the accident, wanting to be reimbursed by the insurance company. I have to sign a medical release of information. Even if I sign the release for only the day of the ER visit, we all know the meds and the epilepsy won't be hard to figure out. I just don't see how any of this is pertinent to the ER visit. Any thoughts on the epilepsy, auto insurance, disclosure to the insurance company, or medical release of information would be greatly appreciated.

Thanks,
A

 

[skillefer]

Hi A! Welcome to CWE. I have epilepsy and I drive. My auto insurance did ask if I had any pre-existing conditions when I signed on with them years ago...(AAA). I was honest and told them about the epilepsy. Since California is a mandatory report state, and I still had my drivers license, they knew that I hadn't had any seizures recently. (In California, if youhave a seizure, the doctor is required to tell the state and the license is pulled for a year.)
Each state, and each insurance company is different. So if you are ever asked if you have a pre-existing condition, be honest....otherwise, if you fail to admit that you do, the insurance company can accuse you of fraud and go after you.
If your seizures are relatively under control, meaning only an occasional (like once every couple of years) breakthrough, get a note from your physician stating that you are under the care of a physician and the severity of your condition.
Because you didn't state which state you live in, it's hard for me to be more precise then that.


A year or two ago, I lost consciousness while driving. The EMT's stated that I had blacked out due to low blood sugar and insisted that I see a doctor the same day. I did and sure enough, I was diagnosed with hypoglycemia. Lucky for me, there was no damage to the car...and I was going slow enough that I only took out a gas main on a house...which was easily and cheaply repaired. So I didn't have to file with the insurance company.

As for the note from the hospital...are you sure that they are wanting to be reimbursed from your auto insurance company and not your health insurance company??

 

[amdonquis]

Thanks for your reply. Actually, I'm in TX. Last year I was cleared by the Medical Advisory Board to drive, and the DOT issued me a driver's license. (I lost it for 6 months because I seized after a concussion). I have auto insurance, and I had to declare as much when I applied for my driver's license here in TX. But I don't ever recall being asked if I had any medical conditions, etc. when I applied for auto insurance 10+ years ago. I certainly wouldn't have withheld the epilepsy information.
As for the medical release of information, we are in the military so I know for a fact that the hospital (military) wants reimbursement from the auto insurance company. My concern is who exactly is requesting this medical release.

A

 

[skillefer]

I'd ask the hospital....you have a right to know.

 

[Bernard]

Hi A, welcome to the forum. :hello:

... A few days ago I received a document from the ER where I was treated after the accident, wanting to be reimbursed by the insurance company. ...

Which insurance? Auto or health?

I would suggest you contact the legal team at the Epilepsy Foundation and ask for advice:

http://www.epilepsyfoundation.org/epilepsylegal/legalinfoctr.cfm

 

[amdonquis]

The military health insurance wants to be reimbursed by the auto insurance. I'll call to make an appt with the military legal office today. They actually sent me the document on behalf of the military medical insurance. I'm going to tell them that I have a pre-existing condition, but it's a wirst condition. I was seeing physical therapy for that. I had made incredible progress and was reaching my final PT session the day the other driver T-boned me in the parking lot of the rehab facility.
I'm hoping that will clarify any and all questions the insurance company may have. When my auto insurance asked me 1+ months ago about injuries, I told them the ER doctor said I had a neck strain / sprain (diagnosis, with no exam) and a wrist sprain (normal Xray). The pain was there because when the woman was heading right for my car, milliseconds before the accident, I braced for the impact and stiffened my body, clutching the steering wheel and pressing down on the brakes.
I dropped the claim because 3-5 days later I felt no pain. It just didn't seem right to file a claim. The gentleman assigned to medical at my auto insurance said they'd want the ER report. My meds and health conditions were on there with the doctor's prescription.
I told the auto insurance that I didn't think my medical information was pertinent to the case. For example, if I were a man, and my medical records revealed I had erectile dysfunction, how would that relate to a car accident? Not only would it not, but it's a privacy issue.
I just hope explaining the wrist problem and a prior surgery will squash this whole release of information issue.
I could in essence refuse to sign it, and pay for the medical bill out of pocket, but I don't want to risk the auto insurance becoming suspicious and dropping me from the insurance plan.
I'm nervous and frightened.

A

 

[skillefer]

I understand being nervous...but remember, that when you talk to these agencies it's all how you look and present yourself when you talk to them. People who appear nervous are usually fibbing...they're nervous because they are hiding something. (so says hubby..law enforcement..)So go in knowing that you are in the right and be confident.

 

[dfwtexas]

I have never had auto insurance ever ask any medical questions. I guess they just go by if you have a drivers license. I wouldn't worry about it