Will drunk driver's insurance help my brother?

[Subjection]

What is the name of your state (only U.S. law)? IL

This may sound like I'm asking about a hypothetical situation, but it's actually very real. My apartment building my brother lived in was hit by a drunk driver's vehicle. A gas line was severed and a fire then broke out which consumed 8 apartment units (including my brother's) and also displaced 30 other people. Now, assuming the drunk driver had insurance for liability, would that help my brother at all? Would that liability insurance money go to the residents who lost all their possessions, or would it go to the owner of the apartment building? The apartment building owner probably already had his own insurance, but I don't know if that would matter or not.

Before you ask if my brother had renter's insurance, I'll just say that I don't think he did, but I'm not totally sure yet. Strangely, we actually had a discussion about the subject several months ago and I advised him to get it.

 

[Zigner]

What is the name of your state (only U.S. law)? IL

This may sound like I'm asking about a hypothetical situation, but it's actually very real. My apartment building my brother lived in was hit by a drunk driver's vehicle. A gas line was severed and a fire then broke out which consumed 8 apartment units (including my brother's) and also displaced 30 other people. Now, assuming the drunk driver had insurance for liability, would that help my brother at all? Would that liability insurance money go to the residents who lost all their possessions, or would it go to the owner of the apartment building? The apartment building owner probably already had his own insurance, but I don't know if that would matter or not.

Before you ask if my brother had renter's insurance, I'll just say that I don't think he did, but I'm not totally sure yet. Strangely, we actually had a discussion about the subject several months ago and I advised him to get it.

Please don't start another thread about the same subject. Post this to your original thread.

 

[Subjection]

Please don't start another thread about the same subject. Post this to your original thread.

It's not the same subject. The other thread was about government assistance my brother could get now that he's homeless. This thread is about what is covered by auto insurance liability coverage and who benefits from it. That's why I posted this under "Accident and Injury Law".

 

[Zigner]

It's not the same subject. The other thread was about government assistance my brother could get now that he's homeless. This thread is about what is covered by auto insurance liability coverage and who benefits from it. That's why I posted this under "Accident and Injury Law".

It's the same topic. We prefer that you keep related questions in the same thread. In any case, in a matter of this magnitude, even if the driver's insurance provides coverage, it's not going to be NEARLY enough to cover everyone.

 

[Subjection]

It's the same topic. We prefer that you keep related questions in the same thread. In any case, in a matter of this magnitude, even if the driver's insurance provides coverage, it's not going to be NEARLY enough to cover everyone.

But isn't property damage coverage typically around $100,000? That's how much I have on mine. Between 31 people (assuming equal distribution), that comes out to $3,225 per person, which could go a long ways toward paying for replacement furniture, clothing, etc. But I'd like to know if the driver's liability for property damage would actually go to the residents, or would it go to the apartment building owner?

 

[Zigner]

But isn't property damage coverage typically around $100,000? That's how much I have on mine. Between 31 people (assuming equal distribution), that comes out to $3,225 per person, which could go a long ways toward paying for replacement furniture, clothing, etc. But I'd like to know if the driver's liability for property damage would actually go to the residents, or would it go to the apartment building owner?

The minimum required coverage in IL is $20k.

 

[Subjection]

The minimum required coverage in IL is $20k.

Well, ok. Even so, who would get that money? Would it be the apartment building owner, or would it be the residents?

 

[Zigner]

Well, ok. Even so, who would get that money? Would it be the apartment building owner, or would it be the residents?

I can assure you that it no matter who gets it, it's not coming any time soon.

 

[ecmst12]

Eventually once all the bills are in, it would be proportionally divided among all the claimants. Since the damage to the building was probably the highest, they would get the majority of the policy.

Even if he had 100k in coverage, it probably wouldn't be enough.

 

[Subjection]

Eventually once all the bills are in, it would be proportionally divided among all the claimants. Since the damage to the building was probably the highest, they would get the majority of the policy.

Even if he had 100k in coverage, it probably wouldn't be enough.

In order to become a claimant, would my brother have to file a lawsuit against the drunk driver, or is it more of a "class action" (if that's the right term) or "group" lawsuit where one attorney files one claim on behalf of all those involved? I'm asking these questions so I can know what to advise my brother to do.

 

[Zigner]

In order to become a claimant, would my brother have to file a lawsuit against the drunk driver, or is it more of a "class action" (if that's the right term) or "group" lawsuit where one attorney files one claim on behalf of all those involved? I'm asking these questions so I can know what to advise my brother to do.

He would need to file his own lawsuit.

 

[ecmst12]

He wouldn't necessarily have to file a lawsuit, but he would at least have to submit his own claim. There is no class action here, each person who suffered a loss has a separate claim.

 

[Subjection]

He wouldn't necessarily have to file a lawsuit, but he would at least have to submit his own claim. There is no class action here, each person who suffered a loss has a separate claim.

I forgot to mention that I wrote an email to the police department where this guy is being held. I asked them about whether or not the guy had insurance and for how much and if a claim could be filed. I got a reply today. They told me the name of the Insurance agency, the claim number and the phone number where I can reach the insurance agent. So now I guess my next question is, should I call the insurance agent to ask for information? This guy's own agent is most likely going to find ways to NOT pay a claim since the agent is working for the agency that pays out claims, right? So should I be talking to someone other than the agent? I would think a lawyer would be more neutral on the subject, which is why I'm asking for advice here first.

 

[Zigner]

I forgot to mention that I wrote an email to the police department where this guy is being held. I asked them about whether or not the guy had insurance and for how much and if a claim could be filed. I got a reply today. They told me the name of the Insurance agency, the claim number and the phone number where I can reach the insurance agent. So now I guess my next question is, should I call the insurance agent to ask for information? This guy's own agent is most likely going to find ways to NOT pay a claim since the agent is working for the agency that pays out claims, right? So should I be talking to someone other than the agent? I would think a lawyer would be more neutral on the subject, which is why I'm asking for advice here first.

Your brother should be talking to them. They really have no obligation to speak with you.

 

[LdiJ]

I forgot to mention that I wrote an email to the police department where this guy is being held. I asked them about whether or not the guy had insurance and for how much and if a claim could be filed. I got a reply today. They told me the name of the Insurance agency, the claim number and the phone number where I can reach the insurance agent. So now I guess my next question is, should I call the insurance agent to ask for information? This guy's own agent is most likely going to find ways to NOT pay a claim since the agent is working for the agency that pays out claims, right? So should I be talking to someone other than the agent? I would think a lawyer would be more neutral on the subject, which is why I'm asking for advice here first.

Realistically you are doing nothing more than spinning your wheels...your brother would be lucky to eventually see a couple of bucks out of this a couple of years from now.