On 10/23/07, I was hit on right front passenger side of car while attempting to pass a big rig on a country road where passing is legal. The driver of the rig had hazard lights on which in the area is quite common as these drive very slow on these roads by many dairies(central CA). The driver of the rig showed license to highway patrol, but it was a class C and not a commercial vehicle license(class A). No police report was taken and his story was he had his turning signal on(untrue, but neither of us have any witnesses), the driver was cited for not being licensed to drive vehicle, which the owner of dairy who came out to scene gave the cop the excuse of, "one of my drivers was sick today"(BS!), the company is insured through Allied and i'm insured through 21st...right now damages of car are estimated at 9300.00 and car books between 8500 and 10500 on KBB, I dont have GAP Insurance and I owe approx 13000 on vehicle. 21st apparently is fighting with Allied to see who is liable.....I don't see how I could be liable in this case...i was halfway past the rig when he turned!! Anyway my questions are: Will my Uninsured Motorist Coverage pay for my deductible, and will Allied actually cover a driver who's not appropriately licensed to drive the vehicle, and if not, can I seek damages from the Company who owns the vehicle itself? Also, im pretty sure 21st is gonna say the car is a "total loss", which screws me out of the difference i owe on the vehicle, is there anything i can do about as to preventing the car from being deemed a total loss. THanks in advance for any input you may have!!!