Question 1

Does Louisiana allow UM stacking?

Accepted Answer

Almost never. The statute says UM limits are not increased because of multiple vehicles under one policy, nor when you have insurance under more than one UM provision or policy. The one exception is a person injured while occupying a vehicle not owned by that person, a resident spouse or a resident relative: the UM on the occupied vehicle is primary, and the person may recover as excess from other UM available, but never from more than one other policy (La. R.S. 22:1295(1)(c)).

Question 2

Is underinsured coverage separate in Louisiana?

Accepted Answer

No. Louisiana UM covers damages from owners or operators of uninsured or underinsured vehicles, and an insured vehicle counts as uninsured when its liability coverage is less than the amount of damages suffered, as agreed or finally adjudicated (22:1295(1)(a) and (2)(b)).

Question 3

Can I reject UM coverage?

Accepted Answer

Yes, but only on the form prescribed by the commissioner of insurance, signed by the named insured or legal representative and properly completed. A properly completed form creates a rebuttable presumption that you knowingly rejected, selected lower limits or selected economic-only coverage. The form stays valid for the life of the policy, and you can change your selection at any time on a new form (22:1295(1)(a)(ii)).

Question 4

What are the minimum limits?

Accepted Answer

UM limits may not be less than the minimum liability limits of R.S. 32:900, which are $15,000 per person, $30,000 per accident and $25,000 for property damage, unless economic-only coverage is selected (22:1295(1)(a); 32:900).

Question 5

How long do I have to sue?

Accepted Answer

Delictual actions are subject to a liberative prescription of two years that runs from the day injury or damage is sustained (La. C.C. art. 3493.1). Prescription runs against minors unless legislation provides an exception (La. C.C. art. 3468).

Louisiana UM/UIM Stacking Calculator

Estimate your UM benefits

Louisiana bars UM stacking by statute, with one exception for non-owned vehicles

Louisiana UM/UIM Stacking Calculator

Estimate your UM benefits

Louisiana bars UM stacking by statute, with one exception for non-owned vehicles

Go deeper

Related calculators