Passenger Libility in Auto accident

[Balsam1]

I live in North Carolina. My 15 year old son was a passenger, and was killed in an auto accident. The driver was age 22, and was driving too fast, over 80 mph.

We filed a claim with the drivers insurance, and they refused the $50,000 bodily injury payment to us. They said they didn't have to pay, because the driver who caused the accident said my son never told him to slow down.

(1) Is this a legal reason for an insurance company to not pay a bodily injury claim in North Carolina?

(2) If so would that also apply to a minor, who didn't even have a license to drive a car?

(3) Where is this law or exemption in the N.C. laws, for auto insurance companys?

 

[racer72]

Bodily injury coverage is for hospital bills, not a benefit for loss of life. You will have to sue the driver of the vehicle and obtain a judgement against the insured before the insurance company will have to pay. Most auto insurance policies have coverage for death and dismemberment which is what a court judgement will be paid from. Good luck.

 

[Balsam1]

Lawyer gotten

We did contact a lawyer yesterday, and he said the insurance company refusal was rediculas, and they knew they could not win with that excuse. Anyway he has taken us on and will pay him out of the settlement, if we win. No charge if we don't. It will be well worth it just to make that ((*&&^&*^%^) insurance company pay. The boy who had caused the wreck and killed my son already said he was at fault in a court hearing. But of course the ins. company can only think of keeping their money right or wrong.

Thanks for the information it helped us make a decision.

Sincerely Balsam1