I am a California attorney and doing some DV cases in California. Based upon a California case, you can only get third party claim (when someone hits you) from the other driver (or their insurance company), not from you own insurance company under an appellate court case.

I am interesting in finding a case where there would be good facts to take the issue back through the Courts as a test case to see if I can get the case law reversed in a different Califonria appellate jurisdiction and/or the California Supreme Court. Ie, a very recent model lucury car, structural damage but repairs cannot repair complete (as none can), and a loss which has not been compensated. Believe with the Allgood case from Indiana, there is a chance California courts may reconsider its position. Love to see Califonria change and follow Indiana case law on this issue. I estimate that the insuraance industry in California are cheating the insureds by as much as $3 billion per year.

Anyone interest, email me. Also, if anyone in California has tried this again and lost, I obviously want to learn about the experienc and case.