What can I do if the at-fault driver’s coverage is inadequate?

UPDATED: Oct 1, 2022

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What can I do if the at-fault driver’s coverage is inadequate?

My son got a ride home from work on late the other night. The 23 year old driver was allegedly impaired with alcohol and medication. He was driving 100 miles an hour, took a turn too wide and hit a tree instantly killing my 28 year old son and a boy of 14. I spoke with the driver’s insurance company that stated he does have coverage so they would pay $50,000 per fatality with a maximum of $100,000 for the accident. I implied that I might be seeking legal counsel and I later received an email stating that they spoke with the boy’s family and he doesn’t have any assets if I were to take him to court. Can I sue the insurance company for more than that? My son never got to get married or have children and will forever be 28.

Asked on June 26, 2019 under Personal Injury, Virginia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Sorry to hear about your son.
When the at-fault party's insurance is inadequate in an auto accident, the remedy is to sue the at-fault party for negligence; however, since the at-fault party does not have assets, that won't accomplish anything. You won't be able to sue the insurance company. Unfortunately, all that can be done is to settle the case with the insurance company for the policy limits.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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