Ok Bob & Don. He neglected to purchase the coverage on his own policy. This would have afforded coverage no matter who was at fault. When you opt to decline the coverage you are at the mercy of the system in place that dictates the insurance law in that particular state in which you reside.You get to choose what coverage you wish to purchase. Yes the persons company who is at fault can reimburse you for the necessary expenses to make you "whole" but until they establish that you were not at fault that is not going to happen. Some states laws involve comparative negilience this make dictate someone may be a certain percentage at fault. This may mean that they are only obligated to pay the percentage that their client is at fault, again complicating the payout to the involved party. Read your contract, it's usually the same in every state.
Rich Figarotta R-1593