Imagine that you are badly injured in an auto accident and, as is often the case, the other driver only has a minimum insurance policy. This means that you will only be able to recover up to $15,000 for your injuries.
However, if you were prepared for this situation and made the wise decision to purchase uninsured/underinsured motorist coverage, you will have an added layer of protection. But what happens if you have more than one uninsured/underinsured motorist policy? Put another way: can you “stack” multiple layers of coverage?
Unfortunately, because of Louisiana’s anti-stacking law, the answer to this question in Louisiana is generally no.
Louisiana Uninsured/Underinsured Policy Anti-Stacking Law
Going back to the previous example, if the other driver has a $15,000 state minimum policy but you have two $15,000 UM policies, Louisiana law will only allow you to utilize one of those policies.
This prohibition is contained in Louisiana Revised Statute 22:1295(1)(c):
If the insured has any limits of uninsured motorist coverage in a policy of automobile liability insurance, in accordance with the terms of Subparagraph (1)(a) of this Section, then such limits of liability shall not be increased because of multiple motor vehicles covered under such policy of insurance, and such limits of uninsured motorist coverage shall not be increased when the insured has insurance available to him under more than one uninsured motorist coverage provision or policy….
Exception to Louisiana Anti-Stacking Law
If you are injured while you are a passenger in a vehicle that neither you, a resident spouse, nor a resident relative owns, you will fit within the exception to the Louisiana anti-stacking law. In this situation, you can take advantage of two UM policies, the policy on the vehicle and your own policy. But, the policy on the vehicle would be the primary policy and you would only be able to collect on your own policy if your injuries exceeded the amount of other coverage available.
Contact a New Orleans Car Accident Lawyer Today
If you’ve been injured in a car accident, truck accident, or motorcycle accident, you may be able to take advantage of different available UM coverage. As you can see, determining the available coverage can be very complicated. The Mahone Firm is here to help.