Can we sue for wrongful death, can we sue or counter sue for anything since the driver was not licensed to drive?

I am very sorry to read about your loss. It is very difficult for me to understand what happened by this question.

If the driver operated the car with permission, then you can sue the owner of the car. If the driver did not have permission, then you can go against your OWN auto insurance under the Uninsured Motorist provisions of the policy. How can the driver's family sue if the fault of the accident was their kid? Contact your own auto insurance AND a lawyer to represent you. There may be other benefits to which you are entitled through the death of your kid.

You should contact an attorney who handles wrongful death matters immediately. If you have any proof that the other side cause the accident, and therefore the wrongful death of your family member, be ready to discuss it. I have handled many wrongful death matters and you should contact an attorney as soon as you can to start dealing with the insurance carrier. The other family's insurance carrier generally does not assist them in obtaining a settlement but merely "protects" or defends them against claims against their insurance policy. The other family would need to have an attorney making the claim against your insurance carrier. I am unclear if it is your insurance company who is making a decision to pay out a claim to the other party. If that is the case, you should talk to an attorney immediately to get your claim in soon, if it is viable. Unfortunately, however, if your insurance carrier wants to resolve a claim within the policy limits of your policy, they have the right to do that without your permission.

This matter has nothing to do with who is deceased or who is a minor or who crashed into who. Or who has a license. The question is: who caused the crash. That party, his/her estate/his/her insurance carrier will have to pay the freight. It is always a question of fault, not who you are or whether licensed.

You can see a lawyer, and you should do it now rather than later. Please note that in Texas the spouse, children and parents of the deceased are the only family members who can pursue a wrongful death case.

The ultimate issue in either case (no matter which party/parties sue(s)) is which party was at fault for the accident. Oftentimes, when there are no witnesses or no unbiased witnesses, an (accident reconstruction) expert will be retained (by an attorney) to examine the scene, the accident/homicide investigation report, any videotape footage (possibly from any neighboring businesses) and do a formal accident reconstruction of the accident. The fact that the other driver did not have a license will likely not be admissible evidence at any trial.

First, turn this into our Family Member's Insurance Company. They will hire an attorney to defend the claim. Second, yes, your Family member's next of kin can sue for wrongful death. I do not have enough facts to state an opinion as to whether the other driver would be liable. He/she would not be liable just because h/she was not licensed. Rather, you would have to show that the accident was a result of his/her negligent driving, or put another way, that he/she was at fault. This depends on what witnesses to the accident say (unfortunately, if the family member was driving alone, all of the surviving witnesses may be biased in favor of the other driver, unless there are bystander witnesses) and any observations made by police, such as the position of the car, skid marks, debris in the road, etc.

If the accident was the whole or partial fault of the other driver, then you may sue or counterclaim. Just because the person was unlicensed, however, does not necessarily mean he or she was at fault. You have a two-year statute of limitations on a wrongful death claim.