As I understand your question, the answer is no. Please consult with your attorney. There may be facts that prove my opinion incorrect. Assumedly, your attorney is competent, well versed in the law, and will represent you competently. Hope it works out, Jeff Adams
You have an attorney and so you need to fully discuss the facts and the insurance law with your attorney. Basing an opinion on the facts posted would be speculation. My speculation is that you are using your uninsured coverage due to the fact that the car that caused the injury was in fact not insured. Uninsured settlements contain a provision that if you do recover anything from the party that was liable, the company paying the uninsured benefits has a right to recover their payments.
I truly wish you the best.
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Yes if the case is still pending. If you have settled your case it might be a little tougher. Your insurance company may be going after the other driver. You and your insurance company may want to add the other company and driver.