Does Texas Allow UM/UIM Stacking? What Ins. Code 1952.101 and 1952.106 Say

By the FigureMyTax Editorial Team · How we calculate

The Texas statutes we read neither allow nor ban stacking. Section 1952.101 requires UM and UIM unless rejected in writing, and section 1952.106 sets how UIM pays.

Required coverage

Section 1952.101 defines UM and UIM coverage as coverage in at least the limits of the Transportation Code that protects insureds legally entitled to recover from uninsured or underinsured drivers. An insurer may not issue an auto liability policy without it unless any insured named in the policy rejects it in writing, and a rejection carries into renewals by the same or an affiliated insurer.

How UIM pays

Section 1952.106 says UIM must pay the insured all amounts the insured is legally entitled to recover as damages from the underinsured driver, not to exceed the policy limit, and reduced by the amount recovered or recoverable from the insurer of the underinsured vehicle.

Property damage and collision

Section 1952.107 lets you recover under collision or uninsured property damage coverage, or both, with a designated primary coverage, and never more than your actual damages.

What it leaves open

Nothing in these sections adds or bars adding limits across vehicles or policies. We did not read court decisions on stacking; ask an attorney.

How to use this

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

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