Does the collateral source rule apply when a plaintiff has a claim against an uninsured motorist in a collision involving a hit-and-run driver?

California, United States of America


The following excerpt is from Kardly v. State Farm Mut. Auto. Ins. Co., 207 Cal.App.3d 479, 255 Cal.Rptr. 40 (Cal. App. 1989):

After a jury awarded damages, the trial court refused to allow a setoff and the defendant appealed. On appeal, the court did not view the uninsured motorist settlement as a collateral source recovery. Instead, the court found the collateral source rule, as elucidated in Helfend, supra, to be inapplicable where one completely recovers against one's own insurer on an uninsured motorist claim for the negligence of one of the concurrent tortfeasors. (Waite v. Godfrey, supra, 106 Cal.App.3d at pp. 776, 771-773, 163 Cal.Rptr. 881.) Because the hit-and-run driver was a concurrent (joint) tortfeasor, the court believed a reduction from the second recovery was proper as a matter of policy. (Id., at pp. 768-769, 163 Cal.Rptr. 881.)

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