Can I Recover Under Multiple Under/Uninsured Auto Insurance Policies?
Under Alabama law, an insured may recover under multiple uninsured or underinsured auto policies where the loss exceeds the limits of one policy. Safeco Ins. Co. of America v. Jones, 243 So.2d 736 (Ala. 1970). However, the insured rights to stack is a limited right because while the insured may “stack” multiple uninsured or underinsured policies, the amount of recovery may not exceed the insured’s actual loss. Id., at 738. As applied, if you have two policies that provide you with uninsured or underinsured motorist coverage for $25,000.00 each, then you may add (stack) the polices together for a total uninsured or underinsured motorist coverage of $50,000.00.
A named insured may stack as many as three auto insurance 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).
Passengers, under Alabama law, can stack underinsured or uninsured motorist coverage, too. For example, a passenger that has been involved in a car or truck 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 or underinsured polices is very important because multiple policies can provide a larger recovery for the injured driver or passenger, or both.
If you have been in a car wreck and are not sure what insurance benefits you are entitled to under Alabama law, then contact one of our car and truck wreck attorneys for a free legal consultation.
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