Super Lawyers
Illinois State Bar Association
Justia Lawyer Rating
Million Dollar Advocates Forum
Avvo Rating
BBB Accredited Business

Can I Stack Insurance Policies on Top of Each Other?

Can I Stack Insurance Policies On Top Of Each Other? In Illinois underinsured and uninsured motorist accidents, you generally cannot stack insurance policies on top of each other but you still can recover under the highest limit applicable.

Stacking Insurance Policies After An Accident

It depends. Illinois courts do recognize anti-stacking provisions in insurance policies. This means that in both uninsured and underinsured motorist situations, you can recover from multiple policies “even where the plaintiff has paid separate premiums for uninsured motorist coverage for separate cars.” Menke v. Country Mutual Insurance Co., 78 Ill.2d 420, 425 (1980); seeState Farm Mut. Auto. Ins. Co. v. McFadden, Ill.App.2d 551, 554 (2012).

Back to the Top

How Illinois Courts Interpret Stacking Provisions

There is some good news. Illinois law allows plaintiffs to collect from the policy with the highest limit. Armstrong v. State Farm Mutual Automobile Insurance Co., 229 Ill.App.3d 971, 976 (1992). Also, in order for anti-stacking provisions to be enforced they must be clearly and properly drafted. If they are not, they will be tossed out. 

Vague or poorly worded anti-stacking provisions will be interpreted in favor of the plaintiff for coverage and not for the insurance company. Hobbs v. Hartford Insurance Co. of the Midwest, 214 Ill.2d 11, 17 (2005).

Back to the Top

Applying Court Holdings To Your Situation

Now we want to give you some examples that show you how insurance policies and Illinois law interact with each other. They might help you understand what you could recover if you were involved in a similar accident.

#1: At-Fault Driver has no insurance, you have $100,000 in uninsured motorist coverage and your injuries are worth $100k. After establishing that the responsible driver had no insurance you could recover $100,000 from your auto insurance carrier.

#2: At-Fault Driver has $25,000 in coverage, you have $100,000 in coverage and your injuries are worth $100k. You could pursue a claim from your insurance carrier in the form of an under-insured motorist claim for $75,000.

#3: At-Fault Driver $25,000 in coverage, you are driving a friend's car with $50,000 in coverage and you have a $100,000 policy on your own vehicle. Assuming your injuries are worth $100,000, you could recover $25k from the at-fault driver, $25k from your friend's auto carrier and $50k from your personal automobile insurance. The reasoning in this scenario is that there is an anti-stacking language in most policies.

In many instances, there will be exceptions and rules that can convolute your claim. However, these examples are instructive of how you could recover after a collision with an uninsured or underinsured motorist. Yet, to understand more clearly what you could get, contact our offices.

Back to the Top

Want To Know More About Uninsured Motorist Claims?

The Rosenfeld Injury Lawyers LLC can help you identify the route to the most compensation possible after an incident with an uninsured or underinsured motorist. 

After you decide which path to choose, contact us, we can represent you the whole way on contingency so that you only pay if you're happy with the award at the end of it. To hear how to get to the recovery that you deserve, contact the Rosenfeld Injury Lawyers LLC.

For additional information see the following pages:

Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa