Legal Question in Insurance Law in Illinois

My daughter was hit and killed by a uninsured drunk driver

on may 24th 03 my daughter was hit and killed by a my who has since been convicted of dui. unfortunately she had alcohol in her system at the time. i have uninsured coverage but the adjuster wants me to settle for less than the limits due to the fact that her being under the influence she cause her own demise. this ongoing conflict is very traumatizing to me. where do i stand ?


Asked on 3/29/04, 12:22 pm

1 Answer from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: My daughter was hit and killed by a uninsured drunk driver

Your daughters blood alcohol may be irrelevant unless her negligence CAUSED the wreck. Florida does recognize bad faith in refusing to settle an uninsured motorists claim for policy limits. If your dsughter's death claim goes for more, they can be held for the full amount. I suggest the insurance company is trying to squeeze you to take a discount because of the usual lawyers percentage. I have handled such cases taking only a percentage over the company's last offer i.e. the increased amount. Call if you want to discuss at 305-305-3351. Need to have a copy of the Police Report (homocide report), amount of her blood alcohol reading, face sheet of your ins policy showing UM coverage and if stacked on 2 or more cars in family. Also have you checked on assets of the drunk driver or owner of his car ? Appearances may be deceiving.

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Answered on 3/29/04, 1:42 pm


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