Legal Question in Insurance Law in Arkansas

Re: hit by a dwi driver

File an uninsured motorist claim against the driver.

As to his sister, alot depends on which state's law you are talking about. In NY, the Vehicle & Traffic Law makes the owner of a vehicle liable for the negligent acts of the driver of that vehicle.

Also in NY, you cannot sue anybody for pain and suffering under NY's no-fault insurance law unless you suffered 'serious injury'. You will need to consult a lawyer about what that means. If you do not meet the treshold, then you have to look to your own insurance for no-fault benefits. Even if you do meet the threshold, you can get no-fault benefits. Speak to your insurance company about this now to get some relief.

Lastly, you want to see if there is any other party liable under the relevant state's Dram Shop laws. For example, in NY, a tavern owner may be liable if he serves alcohol to someone under 21, or serves somebody who is already 'visibly intoxicated'.

Re: hit by a dwi driver

Was this incident in AR or NY? Is the driver from AR or NY?

What the insurance will pay depends first on what their policy says. Policies include or exclude a number of different things.

You may want to retain an attorney to discuss this with the insurance company to try to get what you may be owed.

Re: hit by a dwi driver

The company may try to disclaim liability on the grounds that the driver was intoxicated or was not an insured driver. In that event you must

retain an attorney to commence a declaratory judgment action, and you should file an uninursed motorist claim.

However, if there is no disclaimer the company should cover both no fault benefits and liability in a personal injury suit.