31A-22-305.5. Uninsured motorist property damage coverage -- Coverage limitations.
(1) At the request of the named insured, every motor vehicle liability policy of insurance under Sectionsandor combination of policies purchased to satisfy the owner's or operator's security requirement of Sectionwhich policy does not provide insurance for collision damage shall provide uninsured motorist property damage coverage for property damage to the motor vehicle described in the policy. 31A-22-303 31A-22-304 41-12a-301 The uninsured motorist property damage coverage provided under Subsectionshall be for the benefit of covered persons, as defined under Section, who are legally entitled to recover damages: (1)(a) 31A-22-305 from the owner or operator of an uninsured motor vehicle, as defined under Subsections,, and; and 31A-22-305(2)(a) (c) (d) arising out of the operation, maintenance, or use of an uninsured motor vehicle.
(2) Except as provided under Subsection, the coverage provided under this section shall include payment for loss or damage to the motor vehicle described in the policy, not to exceed the motor vehicle's actual cash value or $3,500, whichever is less. (5) Property damage does not include compensation for loss of use of the motor vehicle.
(3) The coverage provided under this section shall be payable only if: the occurrence causing the property damage involves actual physical contact between the covered motor vehicle and an uninsured motor vehicle; the owner, operator, or license plate number of the uninsured motor vehicle is identified; and the insured or someone on his behalf reports the occurrence within 10 days to the insurer or his agent.
(4) Except as provided under Subsection, the coverage provided under this section shall be subject to a $250 deductible and shall be excess to any other insurance covering property damage to the motor vehicle described in the policy. (5)
(5) The insurer providing coverage under this section may, at appropriate premium rates, make available additional: coverage above the limits provided under Subsection; and (2) deductibles for the coverage under Subsectionabove the limits provided under Subsection. (5)(a) (4)
(6) A rating surcharge may not be applied to any policy of motor vehicle insurance issued in this state as a result of payment of a claim made under this section.