Can a plaintiff compel an insurer to compel arbitration in a motor vehicle accident arising out of contact with an uninsured motorist?

[14 Cal.3d 482] ( ) Orpustan v. State Farm Mut. Auto. Ins. Co. (1972) 7 Cal.3d 988, 103, Cal.Rptr. 919, 500 P.2d 1119, ( ) was an appeal from a judgment of the superior court refusing to compel arbitration. The insurer's objection to arbitration was that plaintiff had not shown any physical contact between plaintiff's vehicle and that of the uninsured motorist, whose identity was unknown. Insurance Code section 11580.2, subdivision (b) defining uninsured motor vehicle, contains a proviso that with respect to a vehicle whose owner or operator is unknown, coverage applies only if the bodily injury has arisen out of the physical contact of the vehicles.