Question 1

Does Pennsylvania allow UM/UIM stacking?

Accepted Answer

Yes, by default. When more than one vehicle is insured, the stated limit applies separately to each vehicle and the limits available to you are the sum of the limits for each vehicle on which you are an insured, unless the first named insured signed a valid written waiver of stacking, in which case only the stated limits apply and the premium is lower (75 Pa.C.S. 1738).

Question 2

Is UM or UIM required in Pennsylvania?

Accepted Answer

No, but insurers must offer both in every motor vehicle liability policy, and purchase is optional. The first named insured may reject each by signing the statutory form (75 Pa.C.S. 1731).

Question 3

What is an underinsured vehicle in Pennsylvania?

Accepted Answer

One for which the limits of available liability insurance and self-insurance are insufficient to pay your losses and damages (75 Pa.C.S. 1702). The statutes we read do not say how the UIM payment is calculated against the other driver's payment, so check your policy.

Question 4

Does the limited tort option affect UM and UIM claims?

Accepted Answer

Yes. A person bound by the limited tort option cannot recover non-economic loss unless the injury is a serious injury (death, serious impairment of body function or permanent serious disfigurement) or an exception applies. If you did not choose, you are presumed to have chosen full tort (75 Pa.C.S. 1705).

Question 5

What if I was partly at fault, and how long do I have to sue?

Accepted Answer

Your damages are reduced by your share of fault and you are barred only if your negligence was greater than the causal negligence of the defendants, so 50 percent is allowed (42 Pa.C.S. 7102). Most injury actions must be commenced within 2 years (42 Pa.C.S. 5524(2)).

Pennsylvania UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Pennsylvania stacks UM/UIM limits across vehicles unless you signed a waiver, and its limited tort option can cost you pain and suffering

Pennsylvania UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Pennsylvania stacks UM/UIM limits across vehicles unless you signed a waiver, and its limited tort option can cost you pain and suffering

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