Does Kentucky Allow UM/UIM Stacking? What the Statutes Say

By the FigureMyTax Editorial Team · How we calculate

Kentucky's UM and UIM statutes neither permit nor bar stacking. They set what must be offered, how UIM pays and how to settle with the other driver, and leave stacking to case law.

UM: KRS 304.20-020

Subsection (1) requires UM coverage, in the limits of KRS 304.39-110, for people legally entitled to recover from owners or operators of uninsured vehicles, unless a named insured rejects it in writing, which is valid for all insureds. An uninsured vehicle includes one whose liability insurer is insolvent, one whose limits are less than the statutory minimum, and one whose insurer has denied coverage.

UIM: KRS 304.39-320

Subsection (2) requires every insurer to make underinsured coverage available upon request. It pays its own insured the uncompensated damages recovered because the judgment against the other driver exceeds that driver's liability limits, to the extent of the UIM limits of the vehicle of the party recovering. "Underinsured motorist" is a party whose liability coverage is less than a judgment recovered against that party.

Settling with the other driver

If you agree to settle for less than a full recovery, you must send written notice by certified or registered mail to each UIM insurer. It has 30 days to consent or to pay you the amount of the written offer and keep its subrogation rights; if it does not respond, you may sign a full release without prejudice to your UIM claim (subsections (3) and (4)). The insurer gets a credit against total damages for the other driver's full limits, even if you settle for less (subsection (5)(a)).

What it leaves open

Nothing in these sections says whether limits on several vehicles or policies add up, or what an anti-stacking clause may do. A paper surveying UM/UIM law reports that the Kentucky Supreme Court has voided anti-stacking provisions as to UIM where separate premiums were paid. We did not read the decisions. Ask an attorney before assuming your limits add up or do not.

How to use this

Compare the single-limit and stacked results in the Kentucky UM/UIM stacking calculator, start with the plain-English stacked versus single-limit explainer, and read how UM and UIM work under Kentucky no-fault.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Kentucky's rules apply to your specific case with a licensed Kentucky attorney.