Reply to Another insurance question re: subro

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]It's unlikely to affect the liability analysis, and may result in the parties getting their money/repairs sooner.  As to basic damages they would pay out without litigation, the insurance company doesn't have to fight about liability because it's going to come out of their pocket either way, other than applicable deductibles.  They'll assign liability based on their review of the file, pay the claims, and then the insureds will get dinged based on how much liability is assigned to them.  The insurer could theoretically game the system to try to get more deducible money, but overall it's generally not worth it to them to do so.

If one insured ends up suing the other, the insurance company's assessment of liability is wholly irrelevant to the legal proceeding.[/quote]

Is it worth one insured suing another for the deductible ie: small claims court?  Asking bc the ins co is saying that comparative negligence applies (ie the person less at fault can still be 1% at fault) - does that impede any court proceeding?  Is there any drawback to bringing the other party to court?  The other party is good and practiced at dodging the truth, so far. [/quote]

No one can answer those questions without knowing what happened.[/quote]

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