Stacked vs. Single-Limit UM/UIM Coverage in Virginia

By the FigureMyTax Editorial Team · How we calculate

Stacking adds the uninsured and underinsured limits of several policies together. Virginia's statute sets an order of payment when you are entitled to coverage under more than one policy: the policy on the vehicle you occupied first, then a policy on an uninvolved vehicle where you are a named insured, then one where you are another insured.

What stacking means

A household may have more than one policy with UM or UIM. Stacking adds those limits after one injury, so $100,000 and $50,000 become $150,000. Single-limit coverage pays only the one limit that applies.

What Virginia law says

Va. Code 38.2-2206(B)(2) says that if an injured person is entitled to UM or UIM coverage under more than one policy, the insurers are obligated in this order: the policy covering a motor vehicle occupied by the injured person; then a policy covering an uninvolved vehicle under which the injured person is a named insured; then a policy covering an uninvolved vehicle under which the injured person is an insured other than a named insured. Insurers at the same level share in proportion to their available coverages.

What it leaves open

The statute orders payment among policies; it does not say how total recovery is capped across them beyond your damages, and we did not read Virginia court decisions on adding limits. Ask your insurers in writing and an attorney.

A worked example

Suppose the policy on the car you were in has $100,000 of UIM, another policy under which you are a named insured has $50,000, the other driver has $25,000 available, and your damages are $250,000. By default UIM is paid without credit for the other driver's coverage. The first policy pays up to $100,000, and the second policy could pay up to $50,000 more, for $150,000. Try your own numbers in the Virginia UM/UIM stacking calculator.

What to check

Look at the declarations page of each policy, which vehicle you occupied, and whether any named insured signed an election to reduce UIM. See what section 38.2-2206 says and how Virginia UM and UIM work.

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