If an insurance carrier which is not your own carrier is seeking to have you take 85% of the fair market value of the vehicle that was damaged at the time of the accident, it essentially is trying to hold the driver of the vehicle 15% responsible for the vehicle's damages.As to the criminal matter against your husband resulting from the accident and the DUI, if he does not have a criminal defense attorney, he should retain one immediately. In every criminal matter one who is charged with a crime should be worried. Since a person was killed in the accident that you are writing about, I would be even more concerned for many reasons.I would anticipate a lawsuit by the deceased person's heirs. I would consult with an experienced personal injury defense attorney about the situation and place your auto insurance company on notice of the situation if you have not done so already.