Does a plaintiff have to sue an at-fault driver for an uninsured motor vehicle claim?

California, United States of America


The following excerpt is from Heine v. State Farm Mut. Auto. Ins. Co., A138117 (Cal. App. 2015):

11. Defendants also point out, with respect to the uninsured motor vehicle claim, that plaintiff "could not, and did not, pursue that claim until the lawsuit he filed against the at-fault driver was dismissed." (See Ins. Code, 11580.2, subd. (p)(3); Quintano v. Mercury Casualty Co. (1995) 11 Cal.4th 1049, 1059.)

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