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DUI Liability

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ditzymiss

Member
What is the name of your state? NJ

Two people are in a fatal accident. Both are under the influence.
The owner of the car is not driving, but was a passenger. The driver of the car has a suspended license. They were coming from a party.

First, would the drivers family still be able to sue, based on the fact that it was not her car and the owner allowed her to drive?

Second, do the police invesigate where you were coming from, when DUI's are involved? We are having trouble getting that information.
 


FlyingRon

Senior Member
Sue 'em both.

The police may or may not have discovered where they were earlier. You probably will need to do your own investigative work.
 

ecmst12

Senior Member
Sue who? The driver was AT FAULT for the accident! If either the driver's or the owner's insurance has a first party death/funeral expense benefit, the driver's family could be eligible for that, but that's about it. The owner's family would be able to get a BI settlement from his own policy, they will likely pay out policy limits without much of a fight (depending what the limits are of course). But the driver CHOSE to take the keys when he shouldn't have. A person can't sue him/herself.
 

moburkes

Senior Member
It appears that the driver was probably given the keys by the passenger, who is also the owner of the vehicle.

ecmst12, are you SURE that the owner of the vehicle can collect from the bodily injury portion? Generally, you cannot get relief from your own policy.

I have, though, seen a case, but I want to say it was in NY, in which the SPOUSE was able to get relief under liability, for her injuries, due to the policy owner's (her husband's) negligence in an at fault accident in which she was the passenger.
 

ecmst12

Senior Member
It sounds like a one car accident, and yes I was assuming that both occupants died. If I am wrong, OP will correct me I'm sure.
 

ecmst12

Senior Member
I'm working on a case in VA right now where a father was teaching his daughter (who had a permit only) to drive, and she lost control on the highway and totalled the car. The father (owner and passenger) was injured and is being allowed to claim BI. We checked with our lawyers and they said it's permitted. He's not trying to get a huge settlement, just wanted to be able to go to the doctor.
 

moburkes

Senior Member
I'm working on a case in VA right now where a father was teaching his daughter (who had a permit only) to drive, and she lost control on the highway and totalled the car. The father (owner and passenger) was injured and is being allowed to claim BI. We checked with our lawyers and they said it's permitted. He's not trying to get a huge settlement, just wanted to be able to go to the doctor.
Good to know. Like I said, I'd only seen it in NY.
 

tammy8

Senior Member
Claims is not my area, but wondering how the DWI would play into the liablity issues? In most states, I know you can't be liable for yourself (driver will probably not get anything except med pay) but if the passanger was also impaired would this be taken into consideration on any type of payout?
 

ecmst12

Senior Member
I don't think so. The conversation I envision happening went something like this:

Owner: Man, I'm too messed up to drive home. Can you drive?

Friend: Sure, I'm fine, give me the keys!
Blame falls squarely on the friend for accepting the keys and getting behind the wheel when he shouldn't have. Owner was doing the right thing by asking someone else to drive because he couldn't.
 

moburkes

Senior Member
I don't think so. The conversation I envision happening went something like this:



Blame falls squarely on the friend for accepting the keys and getting behind the wheel when he shouldn't have. Owner was doing the right thing by asking someone else to drive because he couldn't.
That was exactly my thinking as well.
 

ditzymiss

Member
Thanks for all your input, here's my thoughts...

The driver apparantly had been drinking as well. Ultimately, isn't the owner of the vehicle responsible for anything to do with that vehicle? She took the keys, but he allowed her to drive, knowing her license was suspended and that she too had been drinking. My thoughts are a settlement with his insurance company for the loss of her life?? She left a 7 year old son.

It was a one vehicle accident, both died. I know in the state of NJ, is someone's alcohol level is over the limit, you cannot sue the insurance company, I was just wondering, if in this instance, as it was not her vehicle, if that would change things.

She had no insurance, because she didn't drive. I'm guessing she felt she was in better shape than he was and probably was...I'll never know for sure.

Any further input is appreciated.
 

FlyingRon

Senior Member
You don't sue insurance companies in most cases.
You sue other people (in this case the estate of the dead owner).

I was answering the question originally (obviously) where I thought it was someone other than an at fault driver as the plaintiff.

Whether they left offspring has no bearing on liability but it can be used to abuse the civil courts system into otherwise unjustified payouts. If you're going to persue this claim you need a lawyer given NJ's corrrupt insurance system. There's no shortage of those, just look to the state legislature that is populated primarily with personal injury lawyers who profit from being the cause of that corrupt system.
 

ditzymiss

Member
dui liability

It's my understanding, that when an accident occurs, the insurance company pays when a law suit follows. So what you are saying is that a civil suit would have to be filed in order to receive any compensation, unless we can discover the name of the person whose house they were coming from?
 

moburkes

Senior Member
The insurance company will pay no more than the per person limit of liability. If you'd like to pursue additional money, then you'll need to sue the at fault driver personally. Then, you'll become, if you win, one of the creditors of the estate. If there is no money in the estate, you'll get no additional money.
 

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