Let's review the victim's policy:
IF the victim is involved in a collision with an underinsured driver AND that other driver is at fault THEN Progressive will pay the difference on the settlement.
Given a legitimate dispute about the facts of the collision (here, it would certainly be about either the victim's negligence or the uninsured driver's), the victim and Progressive would either go to litigation or hash out a settlement. THIS IS COMPLETELY NORMAL. IT HAPPENS EVERY WEEK, IF NOT EVERY DAY, IN EVERY CIVIL COURT ROOM IN AMERICA.
BUT
Because of the law in Maryland, Progressive can't be a counterparty in a suit with the victim. The uninsured driver becomes the proxy for what would in any other state be a totally routine proceeding.
IF you want to avoid this kind of situation, get some no-fault coverage that doesn't turn on the other driver's error.
Log in to comment