Bodily Injury coverage

[Balsam1]

Sirs,
My questions relates to law and liability of an auto insurance company for North Carolina.

My 15 yr old son was killed while riding in my car. There was another driver driving not covered as a driver, but did have my permission to drive the car when it happen.

We have filed a claim to the driver's insurance, since he was liable for the accident that killed my son, while driving my car. He was speeding. His coverage on his policy is $50,000 bodily injury per person, and $100,000 bodily injury libility per accident. This is the minimum
for the state.

(1) Do we have a right to ask $100,000 since my son died, and to cover the huge medical expenses of the accident before he died? (2) Are we only intitled to the $50,000 it calls for per person? This boy who was driving, and caused the accident has nothing of which to sue for materially, so that isn't an option. Only the insurance coverage he was carrying. (3) Do we have the right to ask for the maximum by law? (4) If we can ask for the maximum of $100,000 will we need to seek out a lawyer, and if so is there a general fee for such or price range?


Thank you so very much for your answer ahead of time.

Sincerely Balsaml of North Carolina

 

[I AM ALWAYS LIABLE]

My response:

My sincere condolences to you.

Unfortunately, from the facts as described by you, you are only entitled to the single person limit of $50,000.00 maximum from the insurance company. The $100,000.00 is the maximum liability covering the insured driver, and the maximum exposure the insurance company has under the policy, no matter how many people are in the vehicle.

Depending upon the actual facts of the accident, and whether the driver was a minor, you may in fact have additional rights to file a "wrongful death" action against both the driver and his parents; i.e., if his parents signed the State driver's licensing permits and authorizations for their minor son.

I would strongly suggest that you obtain a consultation, at the very least, from a Personal Injury attorney - - if not full representation. Such attorneys are paid out of any settlement or judgment, based upon a pre-agreed percentage.

I wish you well, and my deepest sympathies to you for your loss.

IAAL

 

[Balsam1]

Thanks For The Information

Thanks you for answering my question so quickly. The boy who caused the accident was 22, and is living with his father and stepmother. The boy has nothing materially and since he is of legal age and no longer under his parents authority, we have little we can do there.

Mainly we realized the insurance coverage he had was our only recourse, low as it was.

I have changed our insurance coverage, from the minimum to more substancial coverage, realizing the prediciment your children can put you in when they drive. I have two other teenagers still at home. So we have learned a valuable lesson in insurance coverage.

Thanks you for your sympathy, and advice, it is most appreciated.

Sincerely, Balsam1