If you’ve been injured in an auto accident with an underinsured driver in Utah, you might come across the term “policy stacking” while dealing with your insurance claim. Understanding this concept — and Utah’s strict rules around it — could make a major difference in how much compensation you recover.
At Ruesch, Reeve, Werrett & Jones, PLLC, we guide accident victims through Utah’s policy stacking laws so they can maximize the benefits the law allows them to recover.
What Is Policy Stacking?
In auto insurance, policy stacking refers to the practice of combining coverage limits from more than one insurance policy to increase the total amount available for a single accident.
Example:
If you have $50,000 in underinsured motorist (UIM) coverage on two separate auto insurance policies, stacking would allow you to combine them for a total of $100,000 in available coverage.
While some states allow this practice more freely, Utah law heavily restricts inter-policy stacking for UIM claims. The governing law is found in Utah Code Ann. § 31A-22-305.3.
Utah’s General Rule: No Inter-Policy Stacking
Utah law generally prohibits you from combining the limits of multiple insurance policies to increase your payout when an underinsured driver injures you. In most cases, you can recover UIM benefits from only one policy, even if other policies also cover you.
The main reason for this restriction is to prevent policyholders from collecting benefits that far exceed the amount of premiums paid for coverage.
Exceptions: When Policy Stacking Is Allowed in Utah
Although Utah’s general rule prohibits inter-policy stacking, there are limited exceptions where stacking is allowed.
1. Pedestrian Injuries
If you’re injured as a pedestrian by an underinsured driver, you may recover UIM benefits:
- Under the policy covering the at-fault driver and
- Under one additional policy in which you are covered (such as your auto policy).
2. Injured in a Non-Owned Vehicle
If you suffer an injury while occupying a vehicle that you or a household member does not own, lease, or regularly use, you can recover UIM benefits:
- Under the policy covering that vehicle and
- Under one other applicable policy that covers you.
3. Minor Children with Parents in Separate Households
If a dependent minor’s parents live in different households, the child may recover UIM benefits from:
- A policy in each parent’s household (up to two additional policies).
In these cases, each insurer pays a share proportionate to its coverage limits.
The “Safety Valve”: Subsequent Elections
Even though stacking is limited, Utah law offers a “subsequent election” option under § 31A-22-305.3(4)(b)(viii).
If you first attempt to recover from one policy and do not receive payment, you can pursue benefits under another available UIM policy — you just cannot exceed the number of stacked policies allowed under the law.
Why Policy Stacking Matters After a Car Accident
Choosing which policy to pursue first can significantly affect your total recovery. If you pick the wrong policy or misunderstand Utah’s policy stacking rules, you could lose out on thousands of dollars in benefits.
That’s why it’s critical to:
- Review all applicable insurance policies
- Understand whether an exception applies
- Strategically elect the best policy or combination for your claim
How Our Utah Auto Accident Lawyers Can Help
At Ruesch, Reeve, Werrett & Jones, PLLC, we have extensive experience handling UIM claims and policy stacking disputes. We can:
- Review your policies to identify every possible source of recovery
- Determine whether you qualify for a policy stacking exception
- Choose the coverage most likely to maximize your payout
- Negotiate with insurance companies to secure the benefits you deserve
If an underinsured driver injures you in Utah, don’t navigate policy stacking rules alone — we’ll protect your rights and help you recover the compensation you deserve.
📞 Contact us today for a consultation and let us be your advocates for clarity and fairness in insurance claims.
Ruesch, Reeve, Werrett & Jones, PLLC
Serving clients throughout St. George, Cedar City, and all of Southern Utah.
Your advocates for clarity and fairness in insurance claims.