Does Pennsylvania Allow UM/UIM Stacking? What 75 Pa.C.S. 1738 Says

By the FigureMyTax Editorial Team · How we calculate

Yes. Section 1738 makes stacking the default for UM and UIM across the vehicles you insure, and lets the named insured waive it by signing a statutory form that reduces the premium.

The default rule

Section 1738(a) says the stated limit applies separately to each vehicle and the limits available to an insured are the sum of the limits for each vehicle on which the injured person is an insured.

The waiver

Subsections (b) to (e) let the named insured waive stacked limits by signing and dating a form that says the limits will be reduced to the stated limits and the premium reduced. Each named insured buying UM or UIM for more than one vehicle must be offered the chance. A noncompliant form is void.

Offer and rejection

Section 1731 requires insurers to offer UM and UIM in every motor vehicle liability policy, but purchase is optional, and the first named insured may reject each by signing a separate, prominent form. UM and UIM limits may be requested lower than liability limits as section 1734 provides.

Definitions

Section 1702 defines an underinsured vehicle as one whose available liability insurance and self-insurance limits are insufficient to pay losses and damages. We did not read the cases on stacking, so ask an attorney how a defect in your waiver would be treated.

How to use this

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

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