ARTICLE 2.5. Uninsured Owners [17200 - 17202]
( Article 2.5 added by Stats. 1983, Ch. 1252, Sec. 10. )
Where an uninsured owner or operator has obtained a judgment against or agreed to a settlement with the owner or operator of an insured motor vehicle based on the negligence of the insured owner or operator, the amount of the judgment or settlement payable by the insured or his or her insurer shall be reduced by the amount paid or payable to the insured owner or operator or occupants of the insured motor vehicles or their heirs or legal representatives from coverage provided by an uninsured motorist endorsement where the claim of the insured, the owner, or occupants of the insured motor vehicle and the uninsured motorist arise out of the same accident. If the insured or his or her insurer becomes entitled to a reduction, the reduction shall not exceed the amount of the settlement or judgment awarded the uninsured owner or operator.
(Added by Stats. 1983, Ch. 1252, Sec. 10.)
The payment of any settlement with an uninsured owner or operator or the payment of any final judgment for damages obtained by an uninsured owner or operator in a civil action against an insured owner or operator shall not be made until the claims of the owner, the operator, or the occupants of the insured motor vehicle, if any, or their heirs or legal representatives for benefits under the uninsured motorist endorsement are settled by the insurer and the claimants under the uninsured motorist endorsement or are determined by the arbitrator in arbitration proceedings conducted pursuant to Section 11580.2 of the Insurance Code.
(Added by Stats. 1983, Ch. 1252, Sec. 10.)
This article is not intended to affect the rights granted pursuant to subdivision (g) of Section 11580.2 of the Insurance Code.
(Added by Stats. 1983, Ch. 1252, Sec. 10.)