What is the meaning of damages under section 4.4th 21 of the California Motor Vehicle Accident Act?

California, United States of America


The following excerpt is from Rangel v. Interinsurance Exchange, 14 Cal.Rptr.2d 783, 4 Cal.4th 1, 842 P.2d 82 (Cal. 1992):

In a previous decision, this court has stated: "[T]he word 'damages' in this section means the damages which the insured is entitled to recover from the [4 Cal.4th 21] uninsured motorist," not damages that the insured may recover from the insurer. (Freeman v. State Farm Mut. Auto. Ins. Co. (1975) 14 Cal.3d 473, 480, 121 Cal.Rptr. 477, 535 P.2d 341.) The statute "requires arbitration of two issues only: (1) whether the insured is entitled to recover against the uninsured motorist and (2) if so, the amount of the damages." (Ibid.)

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