Bayer took his car to Whitaker's auto repair shop for repairs. Whitaker took the car for a test drive, with Bayer seated in the passenger seat. During the test drive, a car operated by another person drove on the wrong side of the road and collided with Bayer's vehicle, injuring Bayer.
Neither Bayer's vehicle nor the vehicle owned by the wrongdoer was insured. Whitaker carried insurance on his own vehicles, including uninsured-motorist insurance.
Could Bayer recover from Whitaker's insurance company under the uninsured-motorist provision of the policy? Why or why not?
Bayer v. Travelers Indemnity Co., 267 S.E.2d 91 (VA).