My son was killed another driver, I have been told by 3 lawyers that I should just take the insurance money as the driver is underage. All that is on her mothers insurance 50/100 on my insurance is 100/300. Now I have Medicaid putting a lien on any money. Problem is I pay for the Medicaid insurance monthly Peachcare. Lawyer says I would never collect in a Wrongful death suit as the girl has NOTHING, Her mother does but hides all assets. What do I do? Take the 50 from hers and the 25 from mine? Or discharge this lawyer and get one that will sue the driver and mother. Slight problem car was in grandpa's name financed and on mommy's insurance(not legal from what the state insurance says). Since the accident she has been arrested for drugs(which I believe 100% she was high at the time of the accident)
I agree that if the at fault driver has no assets a law suit will serve no purpose.
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This is a terrible story, and I am sorry to hear it. My condolences on the loss of your child. Before you do anything else, you need to find a competent lawyer to help you figure out exactly what it is you need to do and who will then actually handle all of this for you so no mistakes are made. Best of luck to you.
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First of all, I am very sorry for your loss. As far as the legal issues in the case, 1) very often at-fault drivers have no assets so collecting from them serves no purpose. 2) It is unclear what the total amount of Uninsured/Underinsured Motorist coverage is based on your question. There sounds like there may be multiple vehicles and coverage with issues regarding how those will stack. 3) Medicaid is not entitled to to wrongful death benefits, only to a claim brought by the estate (if the estate even brings a claim). Make sure your attorney understands that if Medicaid has a large lien.
I am very sorry for your loss. Going through your fact pattern, you would have a claim for the $50,000 of the mother's policy (assuming the girl was a permissive driver) and $100,000 UM on your policy (provided it is add-on coverage). There is simply too many unanswered questions to say whether you should accept what's there or not. A good personal injury lawyer would do some digging to see whether the mother's assets might somehow be brought into as wrongful death lawsuit. I wish you the all the best, and again, am very sorry for your loss.
There needs to be a thorough investigation of the insurance coverage as well as the facts. It is possible that the grandfather and the mother may have some personal liability based on such theories as negligent entrustment.
Research your case more thoroughly including different theories of recovery and search for additional assets including using private service to find assets. The insurance companies wont give you the money unless you completely settle the case. They also will not give you the money if you want to go to trial. If you win the trial, then they will give you their money and you would have to go and find the rest of the money you may be owed. Talk to a Personal Injury attorney immediately to help you with this case. I had a case exactly like this and I took it to trial to no avail.
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