State-By-State Summary
Summary: Just as the various states have different requirements for automobile liability coverage, they also have different requirements concerning uninsured motorists (UM) coverage. This treatment presents a state-by-state examination of uninsured motorists regulations. Citations to the various states' codes are listed below the state name. If an issue is not addressed in the code but has been decided in court, the legal citation for the case is given. For a detailed discussion of uninsured motorists coverage, please see [IDL:Personal Auto Policy—Part C ] .The treatment answers the following questions on a state-by-state basis:
1. Statutory reference.
2. Are automobile insurance policies required to include UM coverage?
3. May the coverage be rejected? If so, what is the procedure? If the wording for the rejection is prescribed in the state code, the wording is quoted.
4. Must UM limits equal the liability limits?
5. Is an insured required to sign-off on lower limits?
6. Is uninsured motorists-property damage (UMPD) coverage required to be offered?
7. Is underinsured motorists coverage (UIM) treated separately from UM?
8. Is stacking of limits permitted?
9. How does the law treat a hit-and-run vehicle? Is physical contact required, before a claim may be made under UM?
10. Are umbrella policies required to cover the UM exposure?
11. Miscellaneous provisions.
Jurisdictions covered:
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Alabama
1. Statutory reference: AL ST § 32-7-23.
2. Required? Yes.
3. Rejection Allowed? Yes. Once rejected, the insurer does not have to obtain a new rejection at each renewal.
4. Must UM Equal BI? No.
5. Sign-Off Required? No statutory reference.
6. Must UMPD be Offered ? No.
7. UIM separate from UM? No distinction is made between UM and UIM.
Underinsured motorist coverage applies only when the sum of the limits of liability under all BI liability bonds and insurance policies—that are available to an injured person after an accident—is less than the damages which the injured person is legally entitled to recover. Alabama Ins. Guar. Ass'n v. Hamm , 601 So. 2d 419 (Ala. 1992).
8. Stacking permitted? Yes—among cars on the same policy—up to two additional cars, but not between cars on multiple policies. However, where an insurer issues policies that only cover one car each, any number of those policies may be stacked. State Farm Mut. Auto. Ins. Co. v. Fox , 541 So. 2d 1070 (Ala. 1989).
9. Physical Contact? No physical contact required. It used to be required that the injured driver must be able to “prove that the accident did in fact occur and that he or she was injured as a proximate result of the negligence of such other motorist, who cannot respond in damages for such injuries, including the unknown or hit-and-run driver.” However, that requirement has been deemed as contrary to state law. Walker v. GuideOne Specialty Mutual Insurance Company, 834 So.2d 769 (Ala. 2002).
10. Must Umbrellas Cover? No. Sweatt v. Great American Ins. Co. , 574 So. 2d 732 (Ala. 1990).
11. Miscellaneous Provisions: The provision that eliminates coverage for injuries caused by a government-owned auto does not apply in Alabama. Higgins v. Nationwide Mut. Ins. Co. , 282 So. 2d 295 (Ala. 1973).
Another case—State Farm Auto Ins. Co. v. Reaves , 292 So. 2d 95 (Ala. 1974)—held two other provisions unenforceable in Alabama:
1. Driving a vehicle other than the one listed in the policy.
2. Driving a vehicle owned by a member of the household.
These exclusions are unenforceable to the extent that there is other liability coverage available to the injured party.
An unborn child who is subsequently born alive is an insured for the purposes of uninsured motorist coverage. Alabama Farm Bureau Mut. Cas . Ins. Co. v. Pigott , 393 So. 2d 1379 (Ala. 1981).
2. Required? Yes.
3. Rejection Allowed? Yes, in writing. Once rejected, the insurer does not have to obtain a new rejection at each renewal.
4. Must UM Equal BI? No, but such limits must be offered.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? It is automatically included. The statute calls for a UMPD deductible of $250, however it allows an insurer to offer deductibles in other amounts. UMPD covers only direct damage to a vehicle—not loss of use.
7. UIM separate from UM? No distinction between UM and UIM. UIM is triggered if the limits on the at-fault party's policy are lower than the insured's UIM limits. Colonial Ins. Co. v. Tumbleson , 889 F. Supp. 1136 (D.Alas. 1995).
8. Stacking permitted? No.
9. Physical Contact? Contact is required. A police report is also required within 24 hours, if the other party leaves the scene.
10. Must Umbrellas Cover? No. See Alaska Statute 21.89.020 (i).
2. Required? No, but must be offered.
3. Rejection Allowed? Yes.
4. Must UM Equal BI? Yes.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? No.
7. UIM separate from UM? Yes. UIM is collectible when the insured's total damages exceed the limits of liability available from the wrongdoer.
8. Stacking permitted? No.
9. Physical Contact? Yes, unless claimant's description of the accident can be corroborated. In Lowing v. Allstate Ins. Co., 859 P.2d 724 (Ariz. 1993), the court said that “the legislature specifically intended this section to cover the unidentified motorist.”
10. Must Umbrellas Cover? No.
11. Miscellaneous: UM and UIM do not apply to punitive damages. State Farm Mut. Auto. Ins. Co. v. Wilson , 782 P.2d 727 (Ariz. 1989).
The provision that eliminates coverage for injuries caused by a government-owned auto does not apply in Arizona. McClellan v. Sentry Indem. Co. , 683 P.2d 757 (Ariz. App. 1984).
The “owned but not insured” exclusion does not apply in Arizona. Calvert v. Farmers Ins. Co., 697 P.2d 684 (Ariz. 1985).
A wrongful death claim may be made in Arizona by a surviving insured under the same policy. If there are no surviving insureds, the estate of the deceased may bring the action.
2. Required? Yes.
3. Rejection Allowed? Yes, in writing. However, a new rejection must be signed for additional or substitute vehicles. Lucky v. Equity Mut. Ins. Co. , 537 S.W.2d 160 (Ark. 1976).
4. Must UM Equal BI? No, but UM may not be less than the state minimum financial responsibility requirements. If the insured purchases BI limits above the state minimums, the insurer must “have available, upon written request of a named insured or applicant, coverage. . .in limits up to his or her third-party liability limits.”
5. Sign-Off Required? No statutory reference.
6. Must UMPD be Offered ? Yes, with a $200 deductible.
7. UIM separate from UM? Yes.
8. Stacking permitted? No.
9. Physical Contact? Yes.
10. Must Umbrellas Cover? No.
11. Miscellaneous: In Carter v. St. Paul Fire & Marine Ins. Co., 283 F. Supp. 384 (E.D.Ark. 1968), a court ruled that the provision that eliminates coverage for injuries caused by a government-owned auto does not apply in Arkansas. However, that provision still appears on the Arkansas UM endorsement.
2. Required? Yes.
3. Rejection Allowed? Yes, in writing. The form must be worded: “The California Insurance Code requires an insurer to provide uninsured motorists coverage in each bodily injury liability insurance policy it issues covering liability arising out of the ownership, maintenance, or use of a motor vehicle. Those provisions also permit the insurer and the applicant to delete the coverage completely or to delete the coverage when a motor vehicle is operated by a natural person or persons designated by name. Uninsured motorists coverage insures the insured, his or her heirs, or legal representatives for all sums within the limits established by law, which the person or persons are legally entitled to recover as damages for bodily injury, including any resulting sickness, disease, or death, to the insured from the owner or operator of an uninsured motor vehicle not owned or operated by the insured or a resident of the same household. An uninsured motor vehicle includes an underinsured motor vehicle as defined in subdivision (p) of Section 11580.2 of the Insurance Code.”
4. Must UM Equal BI? Yes.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? No.
7. UIM separate from UM? No distinction is made between UM and UIM. UIM coverage is triggered by a “comparison of the tortfeasor's bodily injury liability limits with the injured person's underinsurance limits.” State Farm Mut. Auto. Ins. Co. v. Messinger , 232 Cal.App.3d 508 (1991).
8. Stacking permitted? No. Tholen v. Carney , 555 F.2d 479 (5th Cir. 1977).
9. Physical Contact? Physical contact is required and must be reported within 24 hours.
10. Must Umbrellas Cover? No.
11. Miscellaneous: The following exclusions do not apply in California: damage done by vehicles operated on rails or crawler treads; vehicles owned or operated by members of the insured's household; or self-insured vehicles.
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? No.
5. Sign-Off Required? Yes, new business only.
6. Must UMPD be Offered ? Yes, to those not carrying collision. UMPD does not cover damages payable under other property insurance, or damages for loss of use of a motor vehicle.
7. UIM separate from UM? No distinction.
8. Stacking permitted? Yes. However, not among policies issued to an insured or resident relative; only among policies issued to an insured and a separate policy covering the insured but not issued to him/her.
9. Physical Contact? No contact is required for UMBI. Mavashev v. Windsor Ins. Co. , 72 P.3d 469 (Colo.App. 2003). Contact is required for UMPD.
10. Must Umbrellas Cover? Not addressed.
11. Miscellaneous: Gunshot injuries sustained during a traffic altercation were “caused by accident” and, therefore, subject to uninsured motorist coverage. State Farm Mut. Auto. Ins. Co. v. McMillan , 925 P.2d 785 (Colo. 1996).
Any rating discount received by an insured is not to be removed as a result of UM claims.
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? Yes. Limits of twice the bodily injury limits must be offered.
5. Sign-Off Required? Yes, for lower limits.
6. Must UMPD be Offered ? No.
7. UIM separate from UM? No distinction.
8. Stacking permitted? No. If a person is occupies a nonowned vehicle, the coverage of the occupied vehicle is primary and the UM coverage written on that person's own car is secondary. The total amount recoverable is the highest amount recoverable under any one of those policies.
9. Physical Contact? No. However, the driver in such a situation “bears the burden of proof that it is more probable than not that accident occurred in manner in which claimant asserts.” Keystone Ins. Co. v. Raffile , 622 A.2d 564 (Conn. 1993).
10. Must Umbrellas Cover? No. Reddy v. New Hampshire Insurance Co. , 612 A.2d 64 (Conn. App. 1992).
11. Miscellaneous: Connecticut does not include in the definition of uninsured motor vehicle a vehicle with BI limits lower than the Connecticut state minimums. Connecticut also removes the following from the definition of underinsured motor vehicle:
a. a vehicle with insurance, whose company is or becomes insolvent;
b. a vehicle owned or operated by a self-insurer.
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? Yes.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? Must be included at state minimum limit. Standard deductible is $250; UMPD must include coverage for loss of use.
7. UIM separate from UM? UIM applies only if UM is purchased above the minimum.
8. Stacking permitted? Yes. Deptula v. Horace Mann Ins. Co., 842 A.2d 1235 (Del. 2004).
9. Physical Contact? No. However, when there is no contact, the accident must be reported to the police and to the insurer within thirty days, or as soon as practicable.
10. Must Umbrellas Cover? No. O'Hanlon v. Hartford Accident and Indem. Co. , 639 F.2d 1019 (3rd Cir. 1981).
11. Miscellaneous: Delaware removes the following from the definition of underinsured motor vehicle:
a. a vehicle with insurance, whose company is or becomes insolvent;
b. a vehicle owned or operated by a self-insurer.
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? No. Insured may request up to 100/300/25.
5. Sign-Off Required? No.
6. Must UMPD be Offered ? Yes. A minimum of $5,000 cannot be rejected. The deductible is $200.
7. UIM separate from UM? UIM is optional. It must be offered. The insured may reject UIM in writing. This coverage does not apply to motorcycles.
8. Stacking permitted? Yes.
9. Physical Contact? Physical contact is not required.
10. Must Umbrellas Cover? No statutory reference.
11. Miscellaneous: D.C. does not include in the definition of uninsured motor vehicle a vehicle with BI limits lower than the D.C. minimums.
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? Yes. Insured may elect lower limits.
5. Sign-Off Required? Yes. The form must state in 12 point bold type: “You are electing not to purchase certain valuable coverage which protects you and your family; or you are purchasing uninsured motorist limits less than your bodily injury liability limits when you sign this form. Please read carefully.”
6. Must UMPD be Offered ? No statutory reference.
7. UIM separate from UM? No distinction.
8. Stacking permitted? Yes. However, an insured may sign a form rejecting the ability to stack limits. The rates for the non-stacked limits must be at least 20 percent less than those for policies containing stacked limits.
9. Physical Contact? If there is no physical contact, the insured must submit competent evidence other than his own testimony.
10. Must Umbrellas Cover? Umbrella policies are not required to cover the uninsured motorist exposure. However, insurers issuing umbrellas “shall make available as a part of the application for such policy, and at the written request of an insured, limits up to the bodily injury limits contained in such policy or $1 million, whichever is less.”
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? Only if the insured requests in writing.
5. Sign-Off Required? No.
6. Must UMPD be Offered ? Yes. It cannot be separated from UMBI. UMPD must include loss of use coverage.
7. UIM separate from UM? No distinction.
8. Stacking permitted? Yes.
9. Physical Contact? Yes, unless the description by the claimant of how the occurrence occurred can be corroborated by a second eye witness.
10. Must Umbrellas Cover? No statutory reference.
11. Miscellaneous: Georgia adds the following to the definition of uninsured motor vehicle the following:
a. a vehicle owned by any unit of government;
b. a vehicle owned or operated by a self-insurer.
(This is accomplished by removing these two types of vehicles from the exception to the definition of uninsured motor vehicle.)
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? No.
5. Sign-Off Required? No statutory reference.
6. Must UMPD be Offered ? Yes.
7. UIM separate from UM? Yes.
8. Stacking permitted? The insured must be offered stackable coverage.
9. Physical Contact? No physical contact is required. DeMello v. First Insurance Co. of Hawaii, Ltd. , 523 P.2d 304 (Haw. 1974).
10. Must Umbrellas Cover? No statutory reference.
2. Required? UM coverage must be offered to all applicants.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? No.
5. Sign-Off Required? No provision for UM above state minimums.
6. Must UMPD be Offered ? No statutory reference.
7. UIM separate from UM? Yes. Blackburn v. State Farm Mut. Auto Ins. Co. , 697 P.2d 425 (Ida. 1985).
8. Stacking permitted? No statutory reference, but according to the Idaho Department of Insurance, courts have ruled stacking UM/UIM is not permitted.
9. Physical Contact? Physical contact requirement may be inserted into the policy. Miller v. United States Fid. and Guar. Ins. Co. , 738 P.2d 425 (Ida. App. 1987).
10. Must Umbrellas Cover? No statutory reference.
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? Yes.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? Yes. However, a premium not shown for this coverage constitutes conclusive proof that the applicant or policyholder has elected not to accept UMPD. UMPD does not cover loss of use of the vehicle or loss to personal property in the vehicle.
7. UIM separate from UM? Yes.
8. Stacking permitted? No. Cincinnati Ins. Co. v. Miller, 546 N.E.2d 700 (Ill. App. 1989).
9. Physical Contact? Yes. Owner or operator must be identified.
10. Must Umbrellas Cover? No. Hartbarger v. Country Mut. Ins. Co. , 437 N.E.2d 691 (Ill. App. 1982).
11. Miscellaneous: Illinois includes as an insured any other person occupying a vehicle being operated by the named insured.
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? Yes.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? Yes. UMPD includes damage to property contained in the auto. UMPD does not include loss of use. The deductible is $300. An insured may not purchase UMPD without UMBI.
7. UIM separate from UM? Yes.
8. Stacking permitted? Not if the insurer inserts anti-stacking language into its policy.
9. Physical Contact? Yes. Physical contact requirement in definition of uninsured motor vehicle as hit-and-run vehicle striking insured can not be disregarded, even if independent corroborative evidence exists that an unidentified miss-and-run driver is the proximate cause of accident. Von Hor v. Doe , 867 N.E.2d 276 (Ind.App. 2007).
10. Must Umbrellas Cover? Yes. United Nat. Ins. Co. v. DePrizio , 705 N.E.2d 455 (Ind. 1999).
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? No. Higher limits must be offered.
5. Sign-Off Required? No.
6. Must UMPD be Offered ? Yes.
7. UIM separate from UM? Yes.
8. Stacking permitted? No. However, insurers may offer policies that contain stacking provisions.
9. Physical Contact? Yes. Contact is required. Claude v. Guaranty Nat. Ins. Co., 679 N.W.2d 659 (Iowa 2004).
10. Must Umbrellas Cover? No. The Travelers v. Mays, 434 N.W.2d 133 (Iowa App. 1988).
11. Miscellaneous: Iowa adds to the definition of uninsured motor vehicle a car that is owned by or furnished or available for the regular use of the named insured family member. (This is accomplished by removing this class of vehicle from the exception to the definition.)
2. Required? Yes.
3. Rejection Allowed? No. All drivers must carry state minimums.
4. Must UM Equal BI? Yes. Higher limits can be rejected.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? No statutory reference.
7. UIM separate from UM? No distinction between UIM and UM. However, underinsured motor vehicle does not include an insured vehicle whose insurer is or becomes insolvent; or owned/operated by a self-insurer.
8. Stacking permitted? No.
9. Physical Contact? UMPD is not addressed. UMBI requires contact or a statement from a disinterested witness.
10. Must Umbrellas Cover? No.
11. Miscellaneous: The only self-insured vehicle considered uninsured is one whose insurer is or becomes insolvent.
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? No.
5. Sign-Off Required? No statutory reference.
6. Must UMPD be Offered ? No statutory reference.
7. UIM separate from UM? Yes.
8. Stacking permitted? No. Butler v. Robinette , 614 S.W.2d 944 (Ky. 1981).
9. Physical Contact? No UMPD in Kentucky, but physical contact is required for a UMBI claim. Belcher v. Travelers Indem. Co. , 740 S.W.2d 952 (Ky. 1987).
10. Must Umbrellas Cover? No statutory reference.
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? Yes.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? Yes—to those not carrying collision. UMPD does not cover loss of use.
7. UIM separate from UM? No distinction is made between UM and UIM.
8. Stacking permitted? No.
9. Physical Contact? Physical contact is required for UMPD. Contact is not required for UMBI. However, the injured party must prove by an independent and disinterested witness that the injury was the result of the actions of an unidentified driver who is uninsured or underinsured.
10. Must Umbrellas Cover? Yes. Lee v. U.S. Auto Assoc. , 540 So. 2d 1083 (La. App. 1989).
11. Miscellaneous: The exclusion of self-insured vehicles does not apply in Louisiana.
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? Yes.
5. Sign-Off Required? Yes, if insured does not want equal limits. However, limits cannot be lower than amounts required by financial responsibility laws.
6. Must UMPD be Offered ? No statutory reference.
7. UIM separate from UM? No distinction between UM and UIM.
8. Stacking permitted? No. Dufour v. Metropolitan Property & Liability Ins. Co. , 438 A.2d 1290 (Me. 1982).
9. Physical Contact? UMPD coverage is not available. Physical contact is not required. Lanzo v. State Farm Mut. Auto Ins. Co. , 524 A.2d 47 (Me.1987). If there is no physical contact with the hit-and-run vehicle, the facts of the accident must be proved. The insurer will accept only “competent evidence which may include the testimony, under oath, of a person making claim under this or any similar coverage.”
10. Must Umbrellas Cover? Not required, but may be offered.
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? Yes. Can reject higher UM limits.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? Yes. $250 deductible. Personal property contained in the covered auto is also covered by UMPD.
7. UIM separate from UM? No distinction between UM and UIM.
8. Stacking permitted? No. Howell v. Harleysville Mut. Ins. Co. , 505 A.2d 109 (Md. 1986).
9. Physical Contact? No statutory reference.
10. Must Umbrellas Cover? Not required, but may be offered.
11. Miscellaneous: The exclusion of vehicles used as a residence does not apply in Maryland. The “owned or furnished” exclusion applies only to the named insured's autos.
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? No.
5. Sign-Off Required? No statutory reference.
6. Must UMPD be Offered ? No statutory reference.
7. UIM separate from UM? Yes.
8. Stacking permitted? No.
9. Physical Contact? Not required. Surrey v. Lumbermens Mut. Cas. Co ., 384 Mass. 171 (Mass. 1981).
10. Must Umbrellas Cover? No. Liberty Mut. Ins. Co. v. McLaughlin , 412 Mass. 492 (Mass. 1992).
2. Required? No.
3. Rejection Allowed? Yes.
4. Must UM Equal BI? No. Higher limits must be offered.
5. Sign-Off Required? Not applicable.
6. Must UMPD be Offered ? No statutory reference.
7. UIM separate from UM? Yes.
8. Stacking permitted? No statutory reference.
9. Physical Contact? Required. If there is no direct physical contact, the insured must provide competent evidence other than the testimony of a person making a claim.
10. Must Umbrellas Cover? No statutory reference.
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? No. Higher limits may be requested.
5. Sign-Off Required? No statutory reference.
6. Must UMPD be Offered ? No.
7. UIM separate from UM? Yes.
8. Stacking permitted? No.
9. Physical Contact? No statutory reference. However, the Minnesota UM form says that an uninsured vehicle is one that “hits” or “causes an accident without hitting” the insured's car.
10. Must Umbrellas Cover? No. State Farm Mut. Auto Ins. Co. v. Levinson , 438 N.W.2d 110 (Minn. App. 1989).
11. Miscellaneous: The provision that eliminates coverage for injuries caused by a government-owned auto does not apply in Minnesota.
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? No. Higher limits must be offered.
5. Sign-Off Required? No statutory reference.
6. Must UMPD be Offered ? If insured does not want UMPD, it must be rejected in writing. The deductible is $200.
7. UIM separate from UM? No distinction.
8. Stacking permitted? Yes. Harris v. Magee, 573 So. 2d 646 (Miss. 1990).
9. Physical Contact? Required.
10. Must Umbrellas Cover? No statutory reference.
11. Miscellaneous: The provision that eliminates coverage for injuries caused by a self-insured vehicle does not apply in Mississippi.
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? No.
5. Sign-Off Required? No statutory reference.
6. Must UMPD be Offered ? No.
7. UIM separate from UM? Yes.
8. Stacking permitted? Yes. Bauer v. Farmers Ins. Co., 270 S.W.3d (App. W.D. 2008)
9. Physical Contact? If there is no physical contact, the facts of the accident must be proved. The insurer may request supporting evidence other than the testimony of a person making a claim.
10. Must Umbrellas Cover? No. West v. Transamerica Insurance Co., 614 S.W.2d 752 (Mo. App. 1981).
11. Miscellaneous: The provision that eliminates coverage for injuries caused by a government-owned auto does not apply in Missouri.
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? No. UM must equal financial responsibility minimums.
5. Sign-Off Required? No statutory reference.
6. Must UMPD be Offered ? No statutory reference.
7. UIM separate from UM? No statutory reference.
8. Stacking permitted? Yes. Hardy v. Progressive Specialty Insurance Co., 315 Mont. 107 (Mont. 2003).
9. Physical Contact? Physical contact is not required. McGlynn v. Safeco Companies of America , 216 Mont. 379 (Mont. 1985).
10. Must Umbrellas Cover? No. Rowe v. The Travelers Indemnity Co. , 800 P.2d 157 (Mont. 1990).
11. Miscellaneous: The exclusion of coverage for injuries in or caused by an owned by not insured car does not apply in Montana. Nor does the exclusion of coverage for injuries caused by a vehicle insured elsewhere on a primary basis.
2. Required? Yes.
3. Rejection Allowed? No
4. Must UM Equal BI? No. Higher limits may be offered up to $100/300.
5. Sign-Off Required? No statutory reference.
6. Must UMPD be Offered ? No.
7. UIM separate from UM? Yes.
8. Stacking permitted? No.
9. Physical Contact? Physical contact is required. If the owner or operator is unknown and injury is caused without actual physical contact between the motor vehicle and the insured or a motor vehicle occupied by the insured if (a) the accident has been reported to the proper law enforcement authorities and (b) the facts of the accident can be corroborated by competent evidence provided by an independent and disinterested person.
10. Must Umbrellas Cover? No. American States Insurance Co. v. Farm Bureau Insurance Co. of Nebraska , 583 N.W.2d 358 (Neb. App. 1998).
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? Yes.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? No statutory reference.
7. UIM separate from UM? No.
8. Stacking permitted? No.
9. Physical Contact? A collision between two vehicles is not required in order to recover UM benefits, and UM benefits can cover single-vehicle accidents; limiting recovery of UM benefits to accidents involving more than one vehicle is not required by the plain language of the statute requiring automobile insurance policies to offer UM coverage and “physical contact” requirement only applies in cases in which an unidentified or hit-and-run driver is alleged to be negligent. Estate of Lomastro ex rel. Lomastro v. American Family Ins. Group , 195 P.3d 339 (Nev. 2008).
10. Must Umbrellas Cover? No.
11. Miscellaneous: The exclusion of coverage for injuries while occupying an owned-but-not-insured car or an otherwise-insured car is changed. It applies only to the extent that the insured's UM coverage exceeds the state minimums. In other words, the insured can collect UM in such a situation up to the state minimum limits.
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? Yes.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? If the liability insurer of an at-fault driver becomes insolvent, then UM coverage for the innocent party must pay up to $25,000 for damage to property (in the absence of collision).
7. UIM separate from UM? No.
8. Stacking permitted? No. Stacking benefits under the same policy is not permitted, but stacking benefits under different policies is allowed, according to the New Hampshire Department of Insurance.
9. Physical Contact? Physical contact is not required. If there is no physical contact “the facts of the accident must be proved. [The insurer] will only accept competent evidence other than the testimony of a person making a claim.” Soule v. Stuyvesant Insurance Co., 364 A.2d 883 (N.H. 1976).
10. Must Umbrellas Cover? Yes. May be rejected in writing.
2. Required? Yes (although UM coverage is not written on a basic automobile insurance policy).
3. Rejection Allowed? No.
4. Must UM Equal BI? No. Limits must be offered up to 250/500/100 (or 500 CSL).
5. Sign-Off Required? No statutory reference.
6. Must UMPD be Offered ? Yes. Up to $5,000 in coverage must be offered with a $500 deductible.
7. UIM separate from UM? Yes.
8. Stacking permitted? No.
9. Physical Contact? No statutory reference.
10. Must Umbrellas Cover? No statutory reference.
11. Miscellaneous: The exclusion of coverage for injuries while occupying an owned-but-not-insured car or an otherwise-insured car does not apply in New Jersey. The exclusion of self-insured vehicles does not apply in New Jersey.
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? No. Coverage must be offered up to the insured's BI limits.
5. Sign-Off Required? No statutory reference.
6. Must UMPD be Offered ? Yes. UMPD is not separate from UMBI. Deductible of $250.
7. UIM separate from UM? No.
8. Stacking permitted? Yes. Limits may be stacked based on the number of cars on one policy. Jimenez v. Foundation Reserve Insurance Co., 757 P.2d 792 (N.M. 1988).
9. Physical Contact? Physical contact is not required. Montoya v. Dairyland Ins. Co. , 394 F. Supp. 1337 (D.N.M. 1975).
10. Must Umbrellas Cover? No. Archunde v. International Surplus Lines Ins. Co. , 905 P.2d 1128 (N.M. App. 1995).
11. Miscellaneous: The exclusion of self-insured vehicles does not apply in New Mexico.
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? No. Higher limits must be offered up to $100/300 providing an umbrella policy with limits of $500 is offered which covers supplementary uninsured/underinsured motorist claims. Otherwise limits may be offered up to $250/500.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? No.
7. UIM Separate from UM? No.
8. Stacking Permitted? Stacking is allowed but only among multiple policies. (Ch. 35d §60-2.3e(iii) New York Administrative Rules.)
9. Physical Contact? Physical contact is required. Physical contact is a condition precedent to an arbitration based on a “hit and run” accident and the burden of proof to demonstrate physical contact is upon the insured. (McKinney's Insurance Law § 5217.)
10. Must Umbrella Cover? No. However, if the insurer offers such coverage, a signed rejection is required if the insured does not wish to carry it.
11. Miscellaneous: New York does not include in the definition of uninsured vehicle a farm-type vehicle while off public roads.
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? Yes, although higher limits may be purchased up to $1 million.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? UMPD is not broken out from UMBI. Deductible is $100.
7. UIM separate from UM? UIM applies only if UM is written above statutory minimums.
8. Stacking permitted? No.
9. Physical Contact? Physical contact is required. Andersen v. Baccus , 426 S.E.2d 105 (N.C. App. 1993).
10. Must Umbrellas Cover? No. Progressive American Ins. Co. v. Vasques , 350 N.C. 386 15 (N.C. 1999).
11. Miscellaneous: North Carolina does not include in the definition of uninsured vehicle a farm-type vehicle while off public roads.
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? No. Higher limits must be offered up to $100/300.
5. Sign-Off Required? No statutory language.
6. Must UMPD be Offered ? No.
7. UIM separate from UM? Yes.
8. Stacking permitted? No.
9. Physical Contact? Physical contact is not required. If there is no physical contact, the facts of the accident must be proved. [The insurer] will only accept competent evidence other than the testimony of a person making a claim.
10. Must Umbrellas Cover? No statutory reference.
11. Miscellaneous: The “owned vehicle” exclusion applies only to vehicles insured on the policy in question. North Dakota adds to the definition of what is not an uninsured vehicle any vehicle operated by a person specifically excluded from coverage under the policy.
2. Required? No.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? Yes.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? Yes, on policies not containing collision. Maximum deductible is $250.
7. UIM separate from UM? Yes.
8. Stacking permitted? Yes, although insurance carriers may include provisions in automobile insurance contracts which preclude stacking of uninsured motorist coverage.
9. Physical Contact? Physical contact is not required. If there is no physical contact, the facts of the accident or intentional act must be proved. The insurer will accept independent corroborative evidence other than the testimony of an insured making a claim.
10. Must Umbrellas Cover? Yes. Cincinnati Ins. Co. v. Siemens, 474 N.E.2d 655 (Ohio App. 1984).
11. Miscellaneous: The provision that eliminates coverage for injuries caused by a government-owned auto does not apply in Ohio if the owner or operator of the uninsured auto has immunity under the Ohio Political Subdivision Tort Liability Law or diplomatic immunity.
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? No, but higher limits must be offered.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? No statutory reference.
7. UIM separate from UM? No.
8. Stacking permitted? The insurer must offer the option to purchase stackable limits.
9. Physical Contact? No statutory reference.
10. Must Umbrellas Cover? No. Moser v. Liberty Mutual Insurance Co., 731 P.2d 406 (Okla. 1986).
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? Yes.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? Yes. Deductible is $200; $300 if the insured is involved in a hit-and-run or with a phantom vehicle. No coverage for loss of use.
7. UIM separate from UM? UIM is automatically included if the UM is written above statutory minimums.
8. Stacking permitted? Stacking is allowed but only among multiple policies. Erickson v. Farmers Ins. Co. of Oregon , 331 Or. 681 (Or. 2001).
9. Physical Contact? Physical contact is not required. If there is no physical contact, the facts of the accident must be corroborated by competent evidence other than the testimony of any person having an uninsured motorist claim resulting from the accident. It must also be reported to the police within 72 hours.
10. Must Umbrellas Cover? Yes. American Economy Insurance Co. v. Canamore , 834 P.2d 542 (Ore. App. 1992).
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? Yes.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? No statutory reference.
7. UIM separate from UM? Yes. There is a separate rejection form for UIM.
8. Stacking permitted? Yes. However, the privilege of stacking may be waived in writing.
9. Physical Contact? Not required. Mitchell v. Prudential Property & Cas . Ins. Co ., 346 Pa.Super. 327 (Pa.Super. 1985).
10. Must Umbrellas Cover? No. Kromer v. Reliance Insurance Co. , 677 A.2d 1224 (Pa. Super. 1996).
11. Miscellaneous: The “reasonable belief” exclusion does not apply to a family member of the named insured using the named insured's car.
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? Yes.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? Yes. UMPD may be rejected if collision is carried. UMPD also covers property, other than business property, being carried in the covered auto. Deductible of $200.
7. UIM separate from UM? No.
8. Stacking permitted? Yes.
9. Physical Contact? Physical contact is not required for UMBI or UMPD. The statute states, “If there is no physical contact with the vehicle causing the accident the insured must prove by a fair preponderance of evidence that their injuries resulted from the negligence of an unidentified motorist.”
10. Must Umbrellas Cover? No. Pennsylvania Gen. Ins. Co. v. Morris, 599 A.2d 1042 (R.I. 1991).
11. Miscellaneous: The provisions that eliminate coverage for injuries caused by the following types of autos do not apply in Rhode Island:
a. a government-owned auto;
b. a vehicle that is designed mainly for use off public roads while not on public roads.
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? No. Higher limits must be offered.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? Yes. UMPD cannot be broken out from UMBI.
7. UIM separate from UM? Yes.
8. Stacking permitted? There are two classes of insureds for purposes of an automobile insurance policy, i.e., (1) Class I, which is the named insured, his spouse and relatives residing in his household, and, (2) Class II any person using, with the consent of the named insured, the motor vehicle to which the policy applies and a guest in the motor vehicle; the right to stack UM coverage is available only to a Class I insured. Nationwide Mut. Ins. Co. v. Smith , 376 S.C. 60 (S.C.App. 2007).
9. Physical Contact? Required. If there is no physical contact with the hit-and-run vehicle the facts of the accident must be corroborated by an affidavit attesting to the truth of the facts of the accident signed by any eyewitness other than the owner or operator of the vehicle.
10. Must Umbrellas Cover? No.
11. Miscellaneous: The following provisions that eliminate coverage for certain types of vehicles do not apply in South Carolina:
a. injuries caused by a government-owned auto, unless a cause of action against that governmental unit or agency is barred by the Tort Claims Act;
b. vehicles owned or furnished to the named insured or family member;
c. vehicles located for use as a residence or premises.
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? Yes. Limits are up to $100/300.
5. Sign-Off Required? No statutory reference.
6. Must UMPD be Offered ? No statutory reference.
7. UIM separate from UM? No.
8. Stacking permitted? No.
9. Physical Contact? Physical contact is not required. Rogers v. Allied Mut. Ins. Co., 520 N.W.2d 614 (S.D. 1994).
10. Must Umbrellas Cover? No statutory reference.
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? Yes.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? Yes. If UMPD is not desired, it must be rejected in writing. UMPD also covers property being carried in the covered auto. Deductible of $200.
7. UIM separate from UM? No.
8. Stacking permitted? No.
9. Physical Contact? Insured may recover from insurer in accident involving unknown owners or operators of vehicles if injury is caused by actual physical contact with vehicle or unknown owner or driver, or if insured can prove by clear and convincing evidence, supplied by someone other than occupant of insured's vehicle, that his injuries were caused by unknown motorist.
10. Must Umbrellas Cover? No.
11. Miscellaneous: The exclusion of vehicles operated on rails or crawler treads does not apply in Tennessee.
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? No. Higher limits must be offered.
5. Sign-Off Required? No.
6. Must UMPD be Offered ? Yes. UMPD cannot be separated from UMBI. However, if the insured has both UMPD and collision, he or she may collect under both, paying only one deductible. UMPD also covers personal property in the car. Deductible of $250.
7. UIM separate from UM? No.
8. Stacking permitted? No.
9. Physical Contact? Physical contact is required. Mayer v. State Farm Mut. Auto. Ins. Co. , 870 S.W.2d 623 (Tex. App. 1994).
10. Must Umbrellas Cover? No. Sidelnik v. American States Insurance Co. , 914 S.W.2d 689 (Tex. App. 1996).
11. Miscellaneous: The provision that eliminates coverage for injuries caused by a government-owned auto only applies if the operator of the vehicle is uninsured and if no statute imposes liability on the governmental body.
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? Yes.
5. Sign-Off Required? No statutory reference.
6. Must UMPD be Offered ? Yes, to those not carrying collision. Subject to an available maximum amount of $3,500 or the lesser of ACV per vehicle and a deductible of $250.
7. UIM separate from UM? Yes.
8. Stacking permitted? No.
9. Physical Contact? Required.
10. Must Umbrellas Cover? No statutory reference.
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? Yes.
5. Sign-Off Required? No statutory reference.
6. Must UMPD be Offered ? Yes. Subject to a maximum of $10,000 and a deductible of $150 that cannot be rejected.
7. UIM separate from UM? No.
8. Stacking permitted? Yes, although policies may include anti-stacking provisions. Sanders v. St. Paul Mercury Ins. Co., 148 Vt. 496 (Vt. 1987).
9. Physical Contact? No. According to The Vermont Department of Banking, Insurance, Securities and Health Care Administration, insurance forms that purport to limit uninsured motorist coverage to damage caused by actual contact by a “hit-and-run” vehicle are not permitted. Acceptable alternatives include requirements of sworn statements from the insured, reporting to the police, and proof of claim by the preponderance of the evidence, but do not include requirements for independent corroboration.
10. Must Umbrellas Cover? Yes, Insurance Co. of State of Pennsylvania v. Johnson , 2009 WL 2569118 (Vt.).
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? Yes.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? Yes. $20,000 in coverage subject to a $200 deductible.
7. UIM separate from UM? No.
8. Stacking permitted? Yes. USAA Cas. Ins. Co. v. Alexander , 445 S.E.2d 145 (Va. 1994).
9. Physical Contact? Legislature does not require physical contact, but instead requires prompt reporting of accident to insurer or to law enforcement officials. Buchanan v. Doe, 246 Va. 67 (Va. 1993).
10. Must Umbrellas Cover? No statutory reference.
2. Required? Yes.
3. Rejection Allowed? Yes, in writing.
4. Must UM Equal BI? Yes.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? Yes. UMPD may be separately rejected. A deductible of no more than $300 for hit and run cases; for all other cases, deductible of no more than $100.
7. UIM separate from UM? No.
8. Stacking permitted? No.
9. Physical Contact? Physical contact is required. If there is no physical contact, the facts must be corroborated by competent evidence from someone not involved in the accident. Also, the accident must be reported to the police within 72 hours.
10. Must Umbrellas Cover? No.
11. Miscellaneous: The following exceptions to the definition of uninsured vehicle do not apply in Washington:
a. owned or furnished to the insured or family member; b. owned or operated by a self-insurer; c. designed mainly for use off public roads while not on public roads.
2. Required? Yes.
3. Rejection Allowed? Yes.
4. Must UM Equal BI? No. All policies must provide uninsured motorist coverage in at least minimum limits of 20,000/40,000/10,000.
5. Sign-Off Required? No.
6. Must UMPD be Offered ? Yes. Cannot be separated from UMBI. UMPD covers any other property besides a motor vehicle owned by an insured and located in West Virginia. Subject to a $300 deductible.
7. UIM separate from UM? Yes.
8. Stacking permitted? According to the West Virginia Insurance Commission, courts permit stacking of UM/UIM benefits, but if an insurer offers a multicar discount on an insurance policy, courts have ruled that the insurer can insert anti-stacking language into the policy.
9. Physical Contact? Physical contact is required. If there is no physical contact, the facts of the accident must be proved. The insurer will only accept sufficient evidence other than the testimony of an insured making a claim. The accident must be reported to the police within 24 hours and to the insurer within sixty days.
10. Must Umbrellas Cover? No statutory reference.
2. Required? Yes.
3. Rejection Allowed? No.
4. Must UM Equal BI? No. The insurer may offer higher limits.
5. Sign-Off Required? No.
6. Must UMPD be Offered ? No statutory reference.
7. UIM separate from UM? Yes.
8. Stacking permitted? Yes. Stacking is allowed but insurers are permitted to exclude it in the policy.
9. Physical Contact? Physical contact is required.
10.Must Umbrellas Cover? No statutory reference.
2. Required? Yes.
3. Rejection Allowed? Yes. The method of rejection is not specified.
4. Must UM Equal BI? No.
5. Sign-Off Required? Yes.
6. Must UMPD be Offered ? No statutory reference.
7. UIM separate from UM? No.
8.Stacking permitted? No, although where a plaintiff has paid separate premiums for separate policies containing UIM limits, UIM coverage will be stacked under Wyoming law unless the policies contain clear and unambiguous anti-stacking provisions. Rules applying to inter-policy stacking do not necessarily extend to intra-policy stacking. Mena v. Safeco Ins. Co., 412 F.3d 1159 [C.A.10 (Wyo.) 2005].
9. Physical Contact? Physical contact is required. If there is no physical contact, the facts of the accident must be proved. The insurer will only accept corroborating evidence other than the testimony of a person making claim.
10. Must Umbrellas Cover? No statutory reference.
11. Miscellaneous: The provision that eliminates coverage for injuries caused by a government-owned auto does not apply in Wyoming. The “owned or furnished” exclusion applies only to the extent that the limits of liability for this coverage exceed the minimum limits for bodily injury liability specified in the Wyoming Safety Responsibility Act. The exclusion of a vehicle located for use as a premises does not apply when that vehicle is being used for normal and ordinary purposes.