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.
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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.
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.
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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.
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.
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")
It is really very simple.
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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.
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