Automotive ennui

Discussion in 'General Motoring' started by Ed, Sep 28, 2007.

  1. This is I think hogwash.

    If the policy holder was under an insurance policy the insurer is legally
    obligated to pay out on any claims. Why they would want you to sue
    the policyholder is rediculous. All their policyholder has to do is go into
    court and put up zero defense and immediately acquiece to all of your
    claims, and the insurance company is on the hook for everything you
    demand. Why would he spend the money arguing with you - it's not
    his money that will be paying your claim, it's his insurance company.

    I think you are really and truly wasting your time talking to Progressive.
    Clearly the Progressive agent is just making up bullshit and shitting you
    along in hopes you will get tired and just go away. Your first mistake
    was talking to Progressive at all. Just call your agent, file a claim on
    your own policy, and let your agent deal with the baloney.

    Ted
     
    Ted Mittelstaedt, Oct 4, 2007
    #41
  2. Ed

    Say What? Guest

    And your answer, I think, is more of the same. You, the injured party,
    MUST sue the insured party NOT their insurance company if you cannot
    settle the case. The insured party, if HE has a problem with his
    insurance company indemnifying him as they have contracted to do, may
    sue them - but you can't since you don't have a contractual relationship
    with them.

    That's part and parcel of the insurance contract. The insurance company
    will handle the claim. If they don't want to settle it, for any reason,
    then you sue their insured - not them. They will, under the insurance
    contract defend the claim against their insured and, if unsuccessful,
    pay the damages awarded on behalf of their insured. However, the
    insured MUST cooperate in the defense of the claim. If he fails to do
    so, the insurance company may "reserve rights" which means that while
    they MUST continue to defend the case to the best of their ability
    WITHOUT the insured's cooperation, if they lose, the payment of the
    judgment is the responsibility of the insured, not them. This
    cooperation often becomes a problem but you rarely see the insurance
    company failing to pay the judgment simply because very few people are
    that stupid and they come around and cooperate after the insurance
    company explains what's going to happen if they don't.
     
    Say What?, Oct 4, 2007
    #42
  3. Ed

    who Guest

    I wonder what it would do in city stop & go driving.
    Not surprising, I'm sure my 3.3L Concorde would show a similar high MPG
    on a highway speed downgrade.
    You need to combine that with going up the same slope.
     
    who, Oct 10, 2007
    #43
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