Stacking uninsured motorist claims

Don Jacobs

Attorney
(866) 735-1102 Ext 560

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Even though most state laws require drivers carry liability insurance, it seems many of those who cause collisions remain uninsured. With the tough economic times more and more drivers are electing to drive uninsured. This is why it is so important to carry uninsured motorist coverage. When an uninsured driver is careless and injures you on the road, your chance of recovering compensation for your damages is usually pretty slim. However, if you purchased uninsured motorist coverage you have the right to ask your company to step in and pay for the damage caused by the uninsured driver. In a sense, your company pretends as if they actually insure the other driver and pay you what you would have recovered had the other driver carried insurance. But what if you are a passenger in someone else’s car? Most states require you use the uninsured motorist coverage of the vehicle in which you were riding. In fact, even if you own a car and carry your own uninsured motorist coverage, your company will deny any claim you make and insist you use the other driver’s coverage. If there isn’t enough coverage under the driver’s policy to cover all of your damages, you do have the right to access your own coverage to make up the difference. In fact, in states like Washington, you have the ability to stack your entire policy coverage on top of the coverage in place on the car involved in the collision. Other states, such as Oregon, preclude this and require you subtract from your coverage the amount of any coverage available to you under the driver’s policy.