Does Texas allow UM/UIM stacking?

The statutes we read do not say. They require UM and UIM coverage, and underinsured coverage pays damages up to the policy limit, reduced by what is recovered or recoverable from the other driver's insurer (Tex. Ins. Code 1952.101 and 1952.106). We did not read Texas court decisions on stacking, so check your policy and ask an attorney.

Is UM/UIM required in Texas?

Insurers must provide it in every auto liability policy, in at least the limits of the Transportation Code, unless an insured named in the policy rejects it in writing (Tex. Ins. Code 1952.101).

How does Texas UIM pay?

It pays all amounts you are legally entitled to recover from the underinsured driver, not to exceed the policy limit, and reduced by the amount recovered or recoverable from that driver's insurer (Tex. Ins. Code 1952.106).

What if I was partly at fault?

Your damages are reduced by your percentage of responsibility, and you may not recover if it is greater than 50 percent (Tex. Civ. Prac. & Rem. Code 33.001 and 33.012).

How long do I have to sue?

Personal injury suits must be brought within two years after the cause of action accrues (Tex. Civ. Prac. & Rem. Code 16.003). For a person under 18, the time of the disability is not included (16.001).

Texas UM/UIM Stacking Calculator

Texas requires UM and UIM coverage unless you reject it in writing, pays UIM up to your limit reduced by what is recoverable from the other driver's insurer, and does not say in the statutes we read whether limits stack. Enter your limits, damages and the other insurer's payment to see the results.

Cited to Tex. Ins. Code 1952.101 and 1952.106 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Estimate your UM/UIM benefits

Enter your policy limits, your damages and what the other driver's insurer pays.

UM/UIM limit per person on the policy covering the vehicle you were in

UM/UIM limit per person on another vehicle or policy under which you are also insured (enter 0 if none)

Did any named insured reject UM/UIM in writing?

Do the limits add?

Your total damages (medical bills, lost income, pain and suffering)

Who caused the accident?

Amount recovered or recoverable from the at-fault driver's liability insurer (underinsured claims only)

How is the other insurer's payment applied?

Your own percentage of responsibility, if any (0 if none; more than 50 bars the claim)

Estimated result

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Texas requires UM/UIM unless rejected in writing, subtracts what the other insurer pays from your UIM, and is silent on stacking in the statutes we read

Texas's rules are in Tex. Ins. Code 1952.101 (required coverage) and 1952.106 (how UIM pays). Fault is in Tex. Civ. Prac. & Rem. Code 33.001 and the deadline in 16.003.

Read how stacked and single-limit coverage differ in Texas, check what the statutes say and leave open, or see how Texas UM and UIM work.

Injured in Texas?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Texas attorney

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Texas statutes. Confirm how these rules apply to your specific case with a licensed Texas attorney.

Texas UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Texas requires UM/UIM unless rejected in writing, subtracts what the other insurer pays from your UIM, and is silent on stacking in the statutes we read

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