Can the owner of the vehicle be sued? or insurance company pays?

The facts in your question are a little unclear.  I will try to explain the potential claims you may have in this accident. The first claim would be a liability claim against the drunk driver involved in the accident. That would be a claim for both personal injuries and punitive damages. That claim would be paid by the liability insurance company of the vehicle he was operating and/or the drunk driver's liability insurance. Depending on the extent of the injuries and amount of coverage, and underinsured motorist coverage claim may need to be made under any policy covering your son. In addition, if the driver of the vehicle that your son was a passenger was also at fault, then a liability claim can be made against the driver's liability insurance as well. There may also be medical payments coverage that would apply in this situation with one or more insurance carrier. It is important before you agree to any settlement that you fully understand what coverages are available and the extent of any medical liens that may exist before resolving any claims. I would be happy to discuss your potential claims with you further if you would like to contact me directly.