Hammonton, NJ asked in Car Accidents, Probate and Wrongful Death for New Jersey

Q: my son‘s father was killed by a drunk driver . The other passenger in the car that survived is now suing my son’s estate

my son’s father died by getting hit by a drunk driver. he was driving. Uber at the time. One of the passengers died as well and One survived. The one that survived is now filing a wrongful death lawsuit against my son’s estate. He’s cleaning all these claims that he told my son‘s father to pull over but how could he if the guy went through a red light and smashed into my son‘s father? also passengers in the drunk drivers car are trying to sue my sons estate. my son is 17 years old. he was 14 when his father passed. His father didn’t have much money altogether we had to sell some old vehicles and personal items we managed to get a little bit over $60,000. my son’s grandparents are head of estate. we live in New Jersey. Apparently they couldn’t sue the drunk driver because he had no insurance and was a stolen car they couldn’t get really anything from anywhere else so now they’re just trying to sue my son’s estate. we do have a lawyer, but I think we should get a different one.

2 Lawyer Answers
Stuart Nachbar
PREMIUM
Stuart Nachbar
Answered
  • Livingston, NJ
  • Licensed in New Jersey

A: Sorry, but there is no question here. Further, counsel is engaged, and I would direct you to ask that person your questions

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY
  • Licensed in New Jersey

A: I'm very sorry for the loss of your son's father. Like you say, it could be a matter of grabbing at straws for lack of other viable sources of compensation. You mention having a lawyer - it isn't clear from the description if this is a probate lawyer for the estate or a privately-retained insurance defense lawyer. Your matter deserves the close inspection of an experienced lawyer(s). Even if the red light drunk driver had no insurance, an attorney for your family's interest might have looked into the possibility of an uninsured motorist claim. A lawyer examining your matter is also going to want to know more about the timeline of the suit, and whether it resulted in your son's father's carrier presenting a defense through their in-house or contract-based attorney. Whether your current lawyer or a new one is going to handle this for you, it needs a closer and more detailed look than is possible in the brief format of a Q & A forum. Good luck

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