The at fault driver’s insco.  I have a written statement from the driver that 
she had an open container of alcohol with her in the front seat, which was the 
proximate cause of the vehicle loss.  I am going to share it with police and my 
insco, as well as attorney/

clay

> On Sep 26, 2017, at 4:36 AM, Dan Penoff via Mercedes <mercedes@okiebenz.com> 
> wrote:
> 
> Good question.  That would certainly make a difference.  I’m guessing it’s 
> the other driver’s insurance, as if it were his insurer you would expect them 
> to be advocating for him since they would be subrogating the claim anyway.
> 
> -D
> 
> 
>> On Sep 26, 2017, at 7:26 AM, Mitch Haley via Mercedes 
>> <mercedes@okiebenz.com> wrote:
>> 
>> 
>>> On September 26, 2017 at 7:12 AM Dan Penoff via Mercedes 
>>> <mercedes@okiebenz.com> wrote:
>>> 
>>> Court is most likely not an option, as nearly every insurer has an 
>>> arbitration clause in their policy.  If it goes to arbitration you’ll get 
>>> screwed as the tables are tilted in their favor, of course.
>> 
>> I'm a little unclear as to whether he has a contract with the insurer or 
>> not. 
>> Is he dealing with his insurance or the at fault driver's insurance?
>> 
>> Mitch. 

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