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How much settlement am I looking at?

Chicago, IL |

My mother passed away in a DUI crash. The guy was drunk he ended up pleading guilty and he got 3 1/2 years in jail. I also sued him but our attorney says his insurance is only 100,000 but our moms insurance was 300,000. Also the Illinois has the dram shop law . I am so lost in what's going on

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Attorney answers 7

Posted

I'm so sorry to hear of this horrible situation and of your loss.

You need a lawyer to sort this out. Theoretically, the policy limit of $100,000 should be paid plus possibly as much as $200,000 difference between the policies.

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

Posted

Please accept my condolences. It is impossible to say based on what you have presented. I suggest that you mejet with the attorney and ask him to spell things out for you in non legal terms.

Mr. Padove is licensed to practice law in Illinois and Indiana and is located in Highland, Indiana serving the Chicagoland area to Indianapolis. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.

Posted

I am sorry about your loss and my condolences to your family. You need to discuss these issues directly with your attorney. If he or she won't speak to you over the phone, you should make an appointment and sit down at his office and talk to him or her. Depending on a variety of factors, your mother may have had UIM or underinsurance coverage. Again, you need to communicate with your attorney.

This answer posted on Avvo is for informational and educational purposes only and does not constitute legal advice. No attorney-client relationship has been formed based on this answer. It is always advisable to seek the advice of an attorney in your area as soon as possible to determine your legal options and rights.

Posted

Sorry for your loss, but your best bet is to schedule a sit-down with your attorney to discuss in full, as none of the lawyers here have any information whether dram shop applies.

Posted

I am sorry for your loss. You should receive the $100,000 from the drunk driver's policy. If your mom had a $100,000/$300,000 insurance policy then you will not receive any additional money from her insurance. If your mom really had $300,000 in additional coverage then you probably can obtain an additional $200,000 in an underinsured motorist claim. You also may have a dram shop claim if the drunk driver was served and became intoxicated at a bar or restaurant. Meet with your attorney to go over the facts and possible claims in detail.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

Mr. Friedman is explaining what I didn't, which is that it does matter greatly whether your mom's policy was a $100K/300K (per person/per incident) or a flat 300K. The former may mean there is nothing additional available.

Posted

You are paying your attorney just under $150,000.00. It is a shame you need to seek free advice. Here is the potential recovery:

$100,000.00 3rd Party (at-fault driver)
$200,000.00 Underinsurance (UIM Claim)
$144,484.13 Dram Shop Limits (Available if at-fault driver was served alcohol while he was _____________ "obviously intoxicated")
$444,484.13

It is really very simple.

If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

And what Mr. Candiano is providing is a BEST CASE SCENARIO. Just because this is a serious event, a horrific death case, and personal to you, does not necessarily mean that the insurance carriers involved will behave like good and decent folks and simply tender their policies. Don't expect an easy time without a lawyer. Don't expect an easy time on the dram shop cases. No one will be nice, respectful, or helpful, by and large. I urge you to sit down with your lawyer to get an explanation. Really sad that we have to swoop in for free when you are paying your lawyer quit a lot of money to do this.

Charles Joseph Michael Candiano

Charles Joseph Michael Candiano

Posted

I absolutely agree with Mr. Hoffman. I meant to convey that the maximum potential recovery is easy to calculate. Your attorney needed to draft and file a Wrongful Death Complaint to name an executor, probably your father. Dram Shop cases often require expensive private investigators. If any Dram Shop claims are suspected, you may need to immediately file suit to secure video and the investigator needs to speak with employees and patrons of the subject establishments or households (a homeowner can have liability) ASAP because memories fade and insurance companies make advisements NOT to talk to anyone. Your attorney will have to fight for any UIM coverage and may need to arbitrate the claim. Again, I reinforce Mr. Hoffman's message that you could never do this alone but it is a real shame that your attorney has kept you in the dark.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

Well stated. agree 100%.

Posted

I agree with all of my collegues here. You should sit down and discuss this matter with an attorney. He will be able to research a possible dram shop claim. Often bars do not have insurance. He will be able to find out if they have insurance or assets worth pursuing.