Can I Recover Under Multiple Under/Uninsured Policies?
Posted by: Micah Adkins
March 20, 2009
Topic: CAR ACCIDENTS
An insured may recover under multiple uninsured/underinsured policies where the loss exceeds the limits of one policy. Safeco Ins. Co. of America v. Jones, 243 So.2d 736 (Ala. 1970). Thus, an insured may "stack" multiple uninsured/underinsured policies, but the amount of recovery may not exceed the insured's actual loss. Id., at 738. In other words, if you have two policies that provide you with uninsured/underinsured motorist coverage for $25,000.00 each, then you may add (stack) the polices together for a total uninsured/underinsured motorist coverage of $50,000.00.
A named insured may stack as many as three coverages (i.e., three vehicles covered under one policy) within one policy and there is no limit as to the number of policies the insured may stack. State Farm Mut. Auto Ins. Co. v. Fox, 541 So.2d 921 (Ala. 1989). The passenger in a vehicle that has been involved in a car wreck may stack up to three coverages on the named insured's policy covering the vehicle. Allstate Ins. Co. v. Alfa Mut. Ins. Co., 565 So.2d 1070 (Ala.1990). The passenger may also stack any coverages he has on his own vehicle.
The insured's ability to stack uninsured/underinsured polices is very important because multiple policies can provide a larger recovery for the injured driver/passenger. If you have been in a car wreck and are not sure what insurance benefits you are entitled to under Alabama law, then contact attorney Micah Adkins at Massey, Stotser & Nichols, P.C. for a free consultation.
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