QUESTION: If I rode a dirt bike on a country road and got hit head-on by a truck, am I at fault? The road had no dividing lines and the truck was travelling very far to the left, preventing safe passage. The rider of the bike was seriously injured. The accident report stated that the rider slid into the truck, but that is completely false, because the truck hit the dirt bike and the rider in an upright position. ANSWER: You may be proven not at fault provided you were.
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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