QUESTION: I was hired to sell cars at a dealership here in La Quinta California. In 2005, my boss asked me to deliver a truck. As I was driving, I got into an accident with 4 other cars and hit my head really hard. I got down to check if others were hurt and there were about 10 people with injuries. When I went back to work, the boss asked me if the police showed up, and when I said no, he had the truck towed back to the dealership.
QUESTION: My client is in a friend’s car. The friend causes an accident with a truck. The truck is also partially at fault. Friend’s policy limit of $15,000 was offered and truck offers $45,000. The client has UIM of $100,000. Can I make UIM claim here ($40,000) even though policy limits of truck are not exhausted? Ins. Code 11580.2 (p) 3&4 seem to apply but they seem to contradict each other. ANSWER: The insured’s right to under-insurance benefits does not accrue until after he or she exhausts the tortfeasor’s policy.
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