Does Louisiana Allow UM Stacking? What R.S. 22:1295 Says

By the FigureMyTax Editorial Team · How we calculate

No, with one exception. Louisiana's statute says UM limits are not increased by multiple vehicles or policies, and sets a primary-and-one-excess rule for people injured in a vehicle they do not own.

The antistacking rule

Paragraph (1)(c) of R.S. 22:1295 says: if you have any limits of UM coverage in an automobile policy, those limits shall not be increased because of multiple motor vehicles covered under that policy, and shall not be increased when you have insurance available under more than one UM coverage provision or policy.

The priorities for a non-owned vehicle

With respect to bodily injury to a person occupying an automobile not owned by that person, a resident spouse or a resident relative, the policy or endorsement shall provide: (i) the UM coverage on the vehicle you occupied is primary; (ii) if it is exhausted due to the extent of damages, you may recover as excess from other UM coverage available to you; and in no instance shall more than one coverage from more than one UM policy be available as excess over the primary coverage.

Required coverage and rejection

Coverage must be provided in not less than your bodily injury liability limits, for nonpunitive damages from uninsured or underinsured vehicles, unless an insured named in the policy rejects it, selects lower limits or selects economic-only coverage on the form prescribed by the commissioner. You may ask in writing to increase UM up to your bodily injury limits (paragraph (1)(b)).

What it leaves open

We did not read Louisiana court decisions on how the statute applies to several vehicles insured under different policies, to relatives in the household or to "other insurance" clauses. Ask an attorney before assuming your limits add up or do not.

How to use this

Compare the results in the Louisiana UM/UIM stacking calculator, start with the plain-English stacked versus single-policy explainer, and read how Louisiana UM covers underinsured drivers.

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