[§431:10C‑305.5]  Right to reimbursement of deductible paid; when.  If an insured is involved in an accident with an uninsured motorist and the insured paid a deductible amount for damages incurred in that accident, and if the insurer recovers any money from the uninsured motorist, the insurer shall reimburse the insured, provided that:

     (1)  The amount recovered shall be divided equally between the insured and the insurer;

     (2)  The amount of the insured's reimbursement shall not exceed the deductible paid; and

     (3)  If the amount of damages exceeds $2,500, the insurer shall:

          (A)  Pay the full amount of the deductible to the insured; or

          (B)  Initiate proceedings against the uninsured motorist to recover damages. [L 1988, c 21, §1]