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

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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

Answers:

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

Answered 1 year 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.


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