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.


The insured’s right to under-insurance benefits does not accrue until after he or she exhausts the tortfeasor’s policy limits (Ins.C. § 11580.2(p). In the case of Farmers Ins. Exch. v. Hurley (1999) (76 CA4th 797, 799–804, 90 CR2d 697, 698–702)—insured who stipulated with tortfeasor’s carrier that $15,000 policy limits judgment would be satisfied by $5,000 paid within 2 months not entitled to UM benefits despite insured’s willingness to credit UM insurer $15,000 (tortfeasor’s policy not “exhausted”).

In your case,in order for you to obtain under-insurance benefits, you have to exhaust the policy limit of your tortfeasor who is the owner or driver of the truck, and that would be for the amount of $45,000. I suggest that you seek personal assistance from a lawyer to guide you more with the procedure in filing your claim.

Would you like to discuss your legal matter?


image description
Jack Morgan CALL US! 866-205-4971

We will assist in scheduling new and existing clients for all offices. For initial consultations we will ask you a few questions and then find the best time for you to talk to one of the lawyers that best fits your legal matter.

Call us or use the email form and we will follow up with you right away.


The Law Offices of Hogan Injury will provide you with personalized attention and guidance. Protecting your rights is our main objective. We have been representing clients for the past 30 years and our experienced team of attorneys will advise you of the legal consequences of every decision you take.