My question involves insurance law for the state of: New York, Queens.
I just filed a small claim case against another driver after a car accident. I want to understand how auto insurance work - I (Plaintiff) have progressive liability (NO FULL COVERAGE) auto insurance and the other driver (Defendant)has Geico, I am suing for car body damages against defendant for negligence. Correct me if I am wrong, after the defendant receive the court notice, he will call Geico to provide an attorney to defend him, I am pretty sure he will counter sue me for the same so I would call progressive, is progressive obligated to provide me an attorney? If yes, would it be awkward situation because progressive attorney duty would only to defend me against any claim at the same time should not get involve with helping me getting money out of the defendant but would it get mix up because defending me against claim will eventually be the same as pushing the liability on the defendant, how does that get play out?
Also for argument sake, say the judge or say both side decide to settle for 50/50 responsibilities, my repair bill is $3,000 and the defendant repair bill is $2,000, does that mean Geico will pay me $1,500 and progressive will pay defendant $1,000?
Please let me know, thanks.