Does Utah Allow UM/UIM Stacking? What Utah Code 31A-22-305.3 Says

By the FigureMyTax Editorial Team · How we calculate

Not across vehicles for one accident, except in the cases the statute lists. Section 31A-22-305.3 also says your UIM is added to the other driver's liability coverage and may not be set off against it.

The rule

Section 31A-22-305.3(4)(a)(ii) says the limit of liability for UIM for two or more motor vehicles may not be added together, combined or stacked to determine the limit of coverage available to an injured person for any one accident. Subsection (4)(a)(i) says a covered person injured in a described vehicle may not elect to collect from another motor vehicle policy, except as the subsection provides.

No set-off

Subsection (3)(k) says your UIM coverage is secondary to the liability coverage of the underinsured driver, may not be set off against it, and shall be added to, combined with, or stacked upon that liability coverage to determine the limit available to you.

Required and default limits

For new policies written on or after January 1, 2001, UIM limits equal the lesser of the named insured's liability limits or the insurer's maximum UIM limits, unless a named insured signs a filed acknowledgment for less. UIM may not be sold below $10,000 per person and $20,000 per accident. Section 31A-22-305 sets the same default for UM and lets a named insured reject UM by express writing on the insurer's form.

Definitions

An underinsured vehicle has liability coverage that is insufficient to compensate you fully for all special and general damages, and does not include a vehicle covered by the same policy, an uninsured vehicle, or a vehicle owned or leased by the named insured's household.

How to use this

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

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