Does Nebraska Allow UM/UIM Stacking? What Sections 44-6410 and 44-6411 Say

By the FigureMyTax Editorial Team · How we calculate

No. Nebraska statute says the UM and UIM limits for two or more vehicles may not be added together, and it caps your recovery at the highest limit of any one policy.

The antistacking rule

Section 44-6410, titled "Stacking of coverage; prohibited; exception," says the limits for two or more vehicles under the same or separate policies shall not be added together, combined or stacked, regardless of the number of vehicles, persons, claims, vehicles or premiums shown on the policy, or premiums paid, except as provided in section 44-6411.

Maximum recovery and priority

Section 44-6411 says that if an insured is entitled to coverage under more than one policy, the maximum amount recoverable is the highest limit of any one policy. For an insured in a vehicle not owned by the insured, the occupied vehicle's coverage is primary and other coverage is excess. When several policies apply, they pay in order: the policy on the occupied vehicle, a policy on the vehicle that struck a pedestrian, then a policy on a vehicle not involved in which the person is an insured.

Required coverage

Section 44-6408 requires both UM and UIM in limits of $25,000 per person and $50,000 per accident, and the insurer must provide higher limits on your written request up to $100,000 and $300,000. Under 44-6413, an insurer may make UIM part of UM and may offer more favorable terms than the act requires.

What it does not bar

Higher limits on a single policy, up to $100,000 per person and $300,000 per accident, are the way to increase available coverage. The statute does not address coverage beyond the act that an insurer offers on more favorable terms.

How to use this

Compare the results in the Nebraska UM/UIM stacking calculator, start with the plain-English stacked versus single-limit explainer, and read how Nebraska UM and UIM work.

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