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In this personal injury action, involving three motor vehicles, the demurrer of defendant insurance company (referred to hereinafter as “INA”) to the third count only of the first amended complaint was sustained with leave to amend. Upon plaintiff’s written election to stand on said count as pleaded without further amendment, judgment was entered dismissing the third count. This appeal is from the judgment of dismissal.

One of the three automobiles involved (referred to subsequently as “Car Three”) has never been identified. Recovery from INA being sought under the uninsured motorist provisions of plaintiff’s policy with that company, the basic problem is whether under the facts as pleaded a named defendant (Pickell), the operator of Car Two, and certain Doe defendants as operators and owners of Car Three, properly qualified as uninsured motorists as defined in section 11580.2, Insurance Code.

According to the complaint as last amended, the accident occurred in the following manner: plaintiff was driving his vehicle in a southeasterly direction on a designated highway; defendant Pickell was also driving his vehicle (Car Two) in the same direction on that highway. A certain…