Waite

The petition for rehearing was granted in this case because of the representation by plaintiff’s counsel that he had not received notice of the calendaring of oral argument and therefore had been foreclosed from the opportunity to present such argument.

After hearing plaintiff’s argument and considering otherwise the petition for rehearing, we find no reason to change the opinion and decision heretofore filed. We therefore reissue the opinion.

The principal issue we are called upon to resolve on this appeal is whether uninsured motorist proceeds, received by plaintiff because of injuries caused by a hit-and-run driver, should be characterized as coming from a collateral source and hence not available as a setoff to the defendants involved in the same collision as joint tortfeasors.

Plaintiff sustained personal injuries and damage to her automobile as the result of a multicar, low speed, chain-reaction type collision on the transition ramp leading from the northbound Newport (now designated Costa Mesa) Freeway onto the westbound Santa Ana Freeway in Orange County. Plaintiff’s vehicle, while stopped, was rearended by another driven by Russell Williams. Williams had just…