Stacked vs. Single-Limit UM Coverage in Mississippi

By the FigureMyTax Editorial Team · How we calculate

Stacking adds the uninsured motorist limits of several vehicles or policies together. Mississippi's statute does not bar it, and its courts have generally required it where separate premiums are charged for each vehicle.

What stacking means

A household may have more than one vehicle or policy with UM. Stacking adds those limits after one injury, so $50,000 and $50,000 become $100,000. Single-limit coverage pays only the one limit that applies.

What the statutes say

Neither Miss. Code 83-11-101 nor 83-11-103 bars adding the limits of several vehicles. The one statutory limit on stacking is an option: an insured under a policy covering four or more vehicles may buy single-limit, non-stacking UM on a signed form, and even that single limit may be stacked with UM from other policies (83-11-102).

What courts have said

Fifth Circuit opinions applying Mississippi law, which we read only in part, describe a line of Mississippi Supreme Court decisions requiring stacking where separate UM premiums are charged for separate vehicles, and say an anti-stacking clause must state clearly that coverage shall not be stacked. One of them is this 2024 opinion. Those opinions also distinguish class one insureds (named insureds and resident relatives) from class two insureds (permissive users and guests). We did not read the Supreme Court decisions in full.

A worked example

Suppose you are insured under a policy with $50,000 of UM on each of two cars, an uninsured driver causes $250,000 of damages, and no clause validly bars stacking. UM can pay up to $100,000. If a valid single-limit or anti-stacking term applies, it pays $50,000. Try your own numbers in the Mississippi UM/UIM stacking calculator.

What to check

Look at the declarations page for a separate UM premium on each vehicle, read the limit-of-liability clause for language saying coverage shall not be stacked, and ask whether you signed a single-limit non-stacking form. See what the statutes say and leave to the courts and how Mississippi UM covers underinsured drivers.

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