Can we still sue the driver of the car who killed my daughter after 5 months?

Question

My daughter was backed over and killed in our driveway at our home. We filed a claim with the insurance and it is worth 25,000 and we accepted now it has been 5 months since my daughter’s death. Can we still sue the driver of car also? She has caused nothing but hell.

John Brennan · Answer

Whose insurance did you settle with.  Yes, you should have claim but if you settled with the driver's insurance you settled with her as well.

Ronald Lowry · Answer

It depends on the way the settlement papers were drawn up. I cannot tell from what you said if you still can sue the driver or not. If you contact me directly I will look at them free of charge and tell you then.

Jonathan Jilek · Answer

It depends. You should call a lawyer.

Irving Blank · Answer

You probably released the driver when you accepted the $25,000.

Roxanne Eberle · Answer

If you accepted a settlement, you likely signed a release of all claims for the driver from their insurance company.  You probably had uninsured motorist coverage on your car too that you may be able to use to recover additional damages, but it will depend on whether you gave them proper notice of the pending settlement with the at-fault driver, etc.  You should have a consultation with an attorney.

James Osak · Answer

What does your attorney say? You already settled, you cannot sue driver now. Did you have attorney? $25,000 is nothing. You should have sued for 1 million with your attorney. Now it's too late?

Paul Schroeder · Answer

You can only sue if you did not sign a release releasing the driver in exchange for the $25,000.

David Stoddard · Answer

It depends on how the settlement papers are drawn up.  If you accept the settlement  in return for a general release of liability, you have settled the case with the driver and would not be able to sue the driver.  If you accept the settlement in return for a release of liability as to only the insurer, then you could accept the settlement and sue the driver.  It is highly unlikely the insurance company will settle the claim for anything less than a full general release because they have a duty to defend the driver.  If you want to sue the driver personally, you will probably have to reject the $25,000.00 settlement offer and file suit.

Steven Urban · Answer

As long as you have not given the driver a release, you are still free  to bring suit against the driver.

Melvin Franke · Answer

It depends upon the language of your settlement.  If it was with the person who killed your daughter, you probably have released all claims against that person.

Kenneth Ricks · Answer

If you settled with the driver's insurance company that likely means you released all claims against their insured (the driver) and thus you cannot file suit against the driver.

Willie Stephen Graves · Answer

If you accepted the limits of the driver's insurance coverage and signed a release, you won't be able to sue her now. If you had a car insurance policy of your own with uninsured/underinsured motorist coverage, you might be able to recover additional money from that.  There's no pain like losing a child.  I'm sorry for your loss.

Conard Brown · Answer

If you settled with the driver's insurance company, you would have had to sign a release.   If you signed a release with the driver's insurer in exchange for the $25,000, you cannot now sue the driver.  Otherwise, you can still sue the driver.

Bernard Huff · Answer

Yes you may. Indiana has a two year statute of limitation for bringing personal  injury actions.

Ronald A. Steinberg · Answer

Who paid the money? If it was the company for the car owner or the driver, you probably signed a release.  If so, then you waived the right to sue.

Paul Whitfield · Answer

When you accepted the $25000 you most likely signed a full release of the driver and owner of the car. so the answer to your question is no. you should not have settled unless you were absolutely satisfied that there was no more coverage and no other assets. Unfortunately wrongful death cases for children do not usually result in large verdicts. Death cases are based largely on economic loss and children don't have jobs or assets.I understsand your feelings of loss and they are beyond measure. There is no way to recompense for those. Pray  Isaiah 26:3 if you are a believer

Kevin Habberfield · Answer

Depends. If you signed a release in favor of the driver, you may not be able to. Otherwise, you absolutely can. Go see an attorney right away. Keep in mind that if the driver doesn't have substantial assets, you can't get blood from a stone and may be limited to insurance coverage. A very harsh reality in our business.

Andrew Velonis · Answer

It is not the length of time that matters here, it is the fact that you accepted the insurance money. When you signed for it, you satisfied any right to liability.

James Kelaher · Answer

The statute of limitations in Florida for wrongful death is two years. If the driver only had $25,000 in bodily injury liability insurance, have you checked to see if you have uninsured/underinsured motorist insurance on your own cars?

John Turck · Answer

It depends on the language of the release, but if the insurance company was the striking driver's insurer, then the answer is probably no.

Leonard Schwartz · Answer

If the money came from your insurance company and you I'd not release no one else you can sue the driver.

Mark Leonardo · Answer

I cannot even imagine what you have gone through. You need to speak to an attorney to explain with whom you have dealt, what release you signed and which insurance company paid the $25,000.  If it was the driver?s insurance company, your are probably not able to sue because the insurance company would have required you to sign a release waiving all claims against the driver.  In situations where the amount of insurance is not sufficient to compensate for all of the loss, you can sue the driver for all damages.  The insurance company has the obligation to defend the insured, but is only liable to pay the policy limits.  They try to get the case settled on behalf of their insured for the policy limits. A lawsuit by you is not governed by the policy limits of insurance.  But if you settle, then you are limiting the amount of your potential recovery.  I strongly suggest you get a free consultation with an attorney right away to see if there is some way to bring an action against the driver.  Hopefully you did not waive your rights already.

David Blain · Answer

First, let me say that I am truly sorry for your loss and I can't imagine the impact that this type of tragedy would cause. I have two sons of my own (one is two and the other six months) and can't imagine what my life would be like if I lost one of them.  As to your question, it is difficult for me to respond because I don't have all the facts. The insurance company may have settled the case on behalf of the driver and whether you can pursue the driver will depend on what you signed with the insurance company. Often times the release that you signed will include a release against the driver for any and all claims arising from the underlying accident. If you would like I can review any paperwork you have and help you determine whether you'll be able to pursue a claim against the driver.

Michael Heilmann · Answer

Yes but you need to set up an estate to do so.

Douglas Rothschild · Answer

Such a tragic loss. If you settled with the driver's insurance company, you may have also "released" the driver from further liability. You should contact a lawyer to discuss. He/she should not charge you for a consultation.

Eric Rothstein · Answer

You can't sue if you signed a general release naming the driver. Did you settle with your carrier or the driver's carrier. I handle these cases if you want to discuss the case.

Dean Esposito · Answer

You could unless the release you signed stated that you settled your claim with the insurance company and the driver. If you released the driver your claim is dismissed.

Gregory Casale · Answer

If you signed a release when you accepted the $25,000 you cannot go back and sue that company for more. If you are seeking a recovery from the other insurance company,  you may be able to do so. It depends on what you agreed to when you accepted the first $25,000. I would be happy to speak with you about this in more detail because it is impossible to answer in the form of the question as it is now posed.

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Can we still sue the driver of the car who killed my daughter after 5 months?

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