Article 2.5. Uninsured Owners of California Vehicle Code >> Division 9. >> Chapter 1. >> Article 2.5.
Where an uninsured owner or operator has obtained a judgment
against or agreed to a settlement with the owner or operator of an
insured motor vehicle based on the negligence of the insured owner or
operator, the amount of the judgment or settlement payable by the
insured or his or her insurer shall be reduced by the amount paid or
payable to the insured owner or operator or occupants of the insured
motor vehicles or their heirs or legal representatives from coverage
provided by an uninsured motorist endorsement where the claim of the
insured, the owner, or occupants of the insured motor vehicle and the
uninsured motorist arise out of the same accident. If the insured or
his or her insurer becomes entitled to a reduction, the reduction
shall not exceed the amount of the settlement or judgment awarded the
uninsured owner or operator.
The payment of any settlement with an uninsured owner or
operator or the payment of any final judgment for damages obtained by
an uninsured owner or operator in a civil action against an insured
owner or operator shall not be made until the claims of the owner,
the operator, or the occupants of the insured motor vehicle, if any,
or their heirs or legal representatives for benefits under the
uninsured motorist endorsement are settled by the insurer and the
claimants under the uninsured motorist endorsement or are determined
by the arbitrator in arbitration proceedings conducted pursuant to
Section 11580.2 of the Insurance Code.
This article is not intended to affect the rights granted
pursuant to subdivision (g) of Section 11580.2 of the Insurance Code.