This is a difficult time for his parents and my heart goes out to them. The loss of a child is a very difficult burden to bear in life. His parents should also look into whether he has underinsured motorist coverage on his policy.
I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce J. Sweinberg, Esquire 215-752-3732 www.jjsassoc.net Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
A driver who lacks assets is not a promising target for a lawsuit. The recovery will most likely be limited to insurance proceeds. Your question does not make clear who owned the car. The owner of a car involved in an accident may be liable in addition to the driver. Your nephew's family needs to consult with a personal injury lawyer, as soon as possible.
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Pursuing the parents of 26 year old emancipated adult is almost certainly to be futile unless they owned the car. Your family should look into their uninsured motorist coverage. They can always get a judgment against the negligent party and take payments over time.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
If the car did not belong to the parents, I do not see how they could be implicated in any claim based on what you have stated.
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