Can I use my UNINSURED MOTORIST coverage, if the other driver's insurance is bad/ignoring?

Question

IF I've been involved in a collision with another driver, exchange the information, then if my insurance company tells me that the other insurance company is on voicemail and not responding, (on weekdays for two weeks) can I use my "uninsured motorist" coverage...? Because the situation seems to be practically "no insurance" on other driver.

My gf is going through this case right now, and even at other driver's fault, it looks like she has to pay her deductible, mainly because her insurance company can't get a hold of the other insurance company, which seems to be pretty small and unreal. This company seems to had a lot of citations before and their address is listed on P.O. box only.

Who determines the effectiveness of uninsured motorist coverage?

We are located in California.

Answer 1

Get your insurance company to go after his... if he was insured, they'll put the screws to the other company and they will pay out.

Answer 2

No.  In California, uninsured motorists applies only if the other driver is uninsured.

Answer 3

if the other person has an active policy then NO you cannot use uninsured coverage from your policy, as the person is NOT uninsured.  call your company back and ask to speak to the adjuster and if they don't help you ask for their supervisor.  if your girlfriend files the claim through HER insurance she will have to pay her deductible, BUT her insurance company will work a little more to subrogate to the other parties insurance company to get their money back.

Answer 4

Your insurance co. is passing the buck, they need to go get them and if not they can report the Co. to the Ins. commission.In the mean time they should pick up the tab.

Answer 5

About the only thing to do is to use her own collision insurance, she pays the deductible and lets her company go after the other company and their insured.  If they are successful the claim will be covered and her deductible will be returned