Q: My step father died in an auto accident -- not his fault.
We'd like more in terms of a settlement than is being offered, are we allowed to sue even though we're not the policy holder?
A: If you qualify under the wrongful death statute, you may sue for wrongful death. You only have to be a policy holder if you are a beneficiary under an insurance policy and want to sue the insurance company directly. Otherwise, if you are suing for wrongful death, you sue whoever caused the death (and possibly others, like an employer or vehicle owner).
A: You cannot sue someone else's insurer for bad faith, unless the other party has given you an assignment; or, if you have a judgment or signed Settlement Agreement. I would need to know more facts about your situation to give you better advice. Does your step father's family currently have an attorney?
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