Legal Question in DUI Law in North Carolina

Can I sue the drunk driver's insurance for my brother being killed in a dui case? My parents have settled with the insurance company for an insulting amount and my siblings are outraged that so little was paid for a man's life. My brother was a passenger in a car that was driven by a man who was already facing court for a DUI and was drunk when he wrecked, killing my brother.

Asked on 6/25/12, 2:37 pm

1 Answer from Attorneys

Clarke Dummit Dummit Fradin (Winston-Salem Office)

Probably not. It sounds like your parents had the legal authority to represent your brother's estate. More than likely the insurance company paid out the policy limits. The real issue was if your Brother was covered by any "under-insured" policies such as his own car policy. I hope that your brother's estate was handled by an attorney who exhausted the resources, and did not close the matter without investigating alternative insurance coverage issues.

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Answered on 6/25/12, 3:44 pm

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