This question required additional clarification, so we have it in two parts:

Part I:

If an at-fault operator has minimum liability limits of 25/50/25 and the 3rd party has collision and suffers 40K in vehicle damages, $7400.00 in rental expenses and a $13K diminishment in value of the vehicle, wouldn't the 3rd party be entitled the maximum benefits under the 1st party policy? Or would the insurance carrier of the 3rd party be entitled to a percentage of those proceeds?

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