§431:10C 305 - .5 Right to reimbursement of deductible paid; when.
[§431:10C‑305.5] Right to
reimbursement of deductible paid; when. If an insured is involved in an
accident with an uninsured motorist and the insured paid a deductible amount
for damages incurred in that accident, and if the insurer recovers any money from
the uninsured motorist, the insurer shall reimburse the insured, provided that:
(1) The amount recovered shall be divided equally
between the insured and the insurer;
(2) The amount of the insured's reimbursement shall
not exceed the deductible paid; and
(3) If the amount of damages exceeds $2,500, the
insurer shall:
(A) Pay the full amount of the deductible to
the insured; or
(B) Initiate proceedings against the uninsured
motorist to recover damages. [L 1988, c 21, §1]