I was watching a show where a man had a wife die in an accident he caused.
Can the couples’ children sue their Dad and get money from his insurance?
The man drove poorly and was ticketed for “driving too fast for conditions”.
This is one of things that is jurisdiction dependent, but as a general observation, yes, and it is not uncommon, although a little counter-intuitive to some. Normally we don’t think of people suing their relatives, and especially not kids suing their Dad, because whatever resources Dad has to support them will be used to do that one way or another anyway, making the suit pointless from a superficial analysis.
But if Dad’s negligent driving has caused compensable injury to his kids, there is no reason in principle why they cannot sue him. And if he is insured, there is a very good reason for them to sue him, if the insurance company forces their hand and doesn’t jsut settle. This is an insurance company’s nightmare from a litigation perspective, because normally the person insured is in an adversarial position to the person suing (as in the case where driver A is suing driver B who is the insured, so that driver B wants to defend his position). Thus, they have an interest in helping the insurance company out. But where kids are suing Dad, Dad’s interests coincide with the kids and are opposed to the insurance company’s, making life difficult.
This is all subject to specific exigencies. Some insurance contracts are voided if the driver was drunk, for instance, so that there is no point in the kids suing Dad if that was the case. And it is possible to imagine exclusionary clauses in a specific insurance contract making it more difficult, and jurisdiction-specific rules having the same effect.
As always, this is just general observation, not legal advice. See a lawyer in your jurisdiction.
there was exactly a case like this in my hometown several years ago. The dad was killed in the accident, and the mom, the executor of his estate, sued the estate on behalf of their kids, who were injured in the accident. I had to explain to Piper Dad why that was a logical thing to do.
There would have to be a “next friend” / litigation guardian appointed for the kids if they’re under 18, as Dad would be in a conflict of interest.
“As always, this is just general observation, not legal advice. See a lawyer in your jurisdiction”
Is it legal advice to advise me to see a lawyer?
Just kidding around, the OP is just a question to help me understand a situation that did not involve me.
What you posted was along the lines I was thinking, my wife disagreed that it would be possible/advisable, but I said that is what insurance is for.