will driver's insurance not pay for passenger's injuries if driver was intoxicated?

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mclay

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What is the name of your state (only U.S. law)? SC I was at a friend's house, we were all drinking, all of age. Two guys jumped into a jeep and started doing donuts in the field. It was the passenger's idea and he knew the driver had been drinking. The driver was the owner and his parents own the property. He ended up flipping the vehicle. The ambulance came and took them both to the hospital. The passenger ended up staying there for a week maybe two. I think he had to have surgery on his leg. He's hired a lawyer and I believe he is trying to have the driver's insurance company pay for his bills. If the driver was intoxicated can his insurance decide not to pay? If so, can he sue the driver for a large amount, more than his medical expanses? And can he sue the homeowner? He knew the risks when he got into the car, should he get anything at all? The driver is a really great guy who works very hard for the little pay he gets to get by on, I'd really hate to see him lose everything he has, same goes for his family. The passenger had been drinking as well, if that makes a difference?
 
SC has comparative neligence. If the passenger was encouraging the driver, then he can be held partially at fault. Likely they will settle for the available insurance but his insurance company is responsible for his defense. These things can sometimes take several years.

I don't see how he could sue the homeowner but this is America and you have the right to sue anybody and everybody for everthing, including the fact that you are fat.
 
quick clarify

thank you very much for the reply. So even if the driver was intoxicated, his insurance will still pay for the passenger's injury? Should the driver let his insurance company know that the passenger had been drinking as well and that he encouraged him? again thank you for the reply
 
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