Auto Insurance Claims: Son was killed in car accident, fatality and owner liability excess

Question
Our 22 yr old son was killed in a car accident June 4th in Florida.  He lost control, hit a guardrail, ran into the other guardrail, a second car hit his car and pushed it into the center lane of the instersate, he got out of his car and was immediately hit/killed as well as his car by a third car.  We have been notified by our insurance agency that the 2nd car (the one who pushed him into the center lane) is filing a bodily injury claim and if it can't be settled with insurance, they may choose to file a lawsuit against us.  We had full coverage (we carried it because he was a student).  What more can they take from us?  We've lost our son!

Answer
Donna,

   My condolences on your son.  In my opinion, there are some liability issues on this claim.  It doesn't seem so cut and dry that your son was at fault for any other party's injury other than his own.  Just because somebody loses control of their vehicle doesn't give the rest of the world a right to plow into them.  Of course, I don't have enough information to make a thorough liability assessment.  Things such as visibility, weather, location, the details about the other drivers and vehicles, a scene investigation. . . you get the idea.  Additionally, unless there is really good evidence that you shouldn't have let your son drive the vehicle, then your son's liability is covered by your auto policy and when that is up, there's not a very good case for you guys being personally negligent and liable.  The estate of your son would be the party they would have to pursue.     

   As for taking anything more, they really can't unless you have a lot of money in the bank or have non-exempt assets like a bunch of extra vehicles or a valuable collection of some sort, etc. (there's a specific list) and most people don't have many non-exempt assets unless they are really well off. If the other party is successful in suing you and winning a judgment, then whoopee, they have a piece of paper that says you owe them money.  If you can't satisfy it, then you might see it show up on your credit at some point, and if you have any non-exempt property that is on public record, you might have to pony up some money if you try and liquidate the property.  You can't lose your driver license because you had what the law requires as far as financial responsibility for the use of your vehicle.  Although I would never advise someone not to seek legal advise, if I were you, I would relax.  If you get sued, you get sued, deal with it then.  If you don't get sued, then you've been worrying for nothing.