In most cases, no. Connecticut law does not allow traditional stacking of Uninsured and Underinsured Motorist (UM/UIM) coverage. However, there are important exceptions. If you purchased two separate policies that both specifically name the same vehicle, a Connecticut appellate court has ruled that you may be able to collect from both.
At DeFronzo & Petroskey, P.C., Waterbury car accident attorney Dan Petroskey helps injured drivers throughout New Haven County understand their insurance options and pursue full compensation after a crash. Our personal injury lawyers work to identify every available source of recovery so that serious injuries are not undercompensated.
This guide explains what stacking means, why Connecticut generally prohibits it, when exceptions may apply, how conversion coverage works as an alternative, and what steps to take if the at-fault driver’s insurance falls short of covering your losses.
Contact DeFronzo Law at (203) 756-7408 to speak with an experienced Waterbury car accident attorney. We can help you understand how Connecticut’s underinsured motorist laws apply to your case and guide you through your next steps.
What Does It Mean to Stack Insurance Policies in Connecticut?
Stacking refers to combining the UM/UIM coverage limits from multiple insurance policies, or from multiple vehicles on a single policy, to increase the total amount of compensation available after an accident. In states that allow stacking, a driver who insures two vehicles with $50,000 of UM/UIM coverage each could potentially access $100,000 in total benefits.
Connecticut is classified as an anti-stacking state. The Connecticut Insurance Department has stated clearly that Connecticut law does not provide for stacking of UM/UIM coverage. This means you cannot add together the UM/UIM limits from separate policies or from multiple vehicles covered under one policy to create a higher combined limit.
Connecticut law addresses two types of stacking. Intra-policy stacking would allow you to combine coverage from multiple vehicles listed on the same policy. Inter-policy stacking would allow you to combine coverage from entirely separate policies. Public Act 93-297 effectively eliminated both forms, and subsequent case law has reinforced this prohibition.
Key Takeaway: Connecticut prohibits both intra-policy and inter-policy stacking of UM/UIM coverage. Your recovery is generally limited to the highest single policy limit that applies to your accident, not the combined total of all available policies.
How Does Connecticut’s Anti-Stacking Rule Work Under § 38a-336?
CGS § 38a-336(b) establishes the framework for how UM/UIM benefits are paid when multiple policies apply to a single accident. The statute provides that an insurance company must pay its insured up to the policy’s UM/UIM limits after the at-fault driver’s liability coverage has been fully exhausted. However, the total amount recovered from all policies combined, including your own UM/UIM coverage, cannot exceed the limits of your UM/UIM policy.
This means that when multiple policies cover the same accident, the insurers share the obligation rather than adding their limits together. If you are covered under two policies and the highest UM/UIM limit among them is $100,000, your maximum recovery from all UM/UIM sources combined is $100,000. The policies do not stack to create $200,000 in coverage.
Connecticut courts have consistently upheld this interpretation. In Chmielewski v. Aetna Casualty and Surety Co., 218 Conn. 646 (1991), the Connecticut Supreme Court ruled that stacking does not extend to fleet insurance contracts. Connecticut’s UM/UIM statute includes an express anti-stacking rule. In general, UM/UIM limits for two or more motor vehicles covered under the same or separate policies cannot be added together to increase the limit available for a single accident.
A narrow, well-known exception involves two separate primary policies purchased by the same insured that both cover the same vehicle, in that situation, the Connecticut Appellate Court held the insured was not barred from collecting the limits of both policies combined when damages equaled or exceeded those limits (Lane v. Metropolitan Property & Casualty Ins. Co., 125 Conn. App. 424 (2010)).
Key Takeaway: Under § 38a-336(b), your total UM/UIM recovery from all policies combined cannot exceed the highest single policy limit. Connecticut insurers share the payment obligation but do not add their limits together.
When Can You Collect From Multiple UM/UIM Policies in Connecticut?
Despite the general anti-stacking rule, Connecticut courts have recognized a narrow exception. If a driver purchases two entirely separate insurance policies, each of which specifically names the same vehicle, the driver may be able to collect up to the limits of both policies.
A 2010 Connecticut Appellate Court decision addressed this scenario directly. The plaintiff held two separate policies that each named his truck as a covered vehicle. After a highway accident caused over $200,000 in medical expenses, he sought the $100,000 limit from each policy. The court ruled in his favor, finding that no law prevented a motorist from obtaining multiple policies on the same vehicle and that the anti-stacking provision was designed to prevent combining limits within a single policy, not across two independently purchased policies.
This exception is narrow and fact-specific. It requires two genuinely separate policies, both of which list the same vehicle by name. Simply having multiple vehicles on one policy, or being covered as a family member under a relative’s policy, does not qualify. Because this exception involves complex policy interpretation, consulting an attorney before filing claims against multiple insurers is important.
What About Coverage as a Passenger in Someone Else’s Vehicle?
When you are injured as a passenger in a vehicle you do not own, the coverage analysis becomes more layered. When you’re hurt while occupying a vehicle you do not own, Connecticut applies a priority order (the occupied vehicle’s policy is typically primary, followed by secondary/excess policies where applicable). Even then, the statute limits the total amount recoverable to the highest amount recoverable under the primary policy, the secondary policy, or any one excess policy (rather than adding multiple limits together).
However, even in this scenario, your total recovery is capped at the highest UM/UIM limit among the applicable policies. The policies do not add together to create a larger pool of benefits. Instead, the insurers coordinate their payments so that the total does not exceed the highest available limit.
Key Takeaway: You may collect from two separate policies that both name the same vehicle. Passengers in non-owned vehicles can access multiple policies, but total recovery remains capped at the highest single policy limit.
What Is Underinsured Motorist Conversion Coverage in Connecticut?
Connecticut offers an alternative that can significantly increase your effective coverage without traditional stacking. Under CGS § 38a-336a, every insurer licensed to write auto liability insurance in Connecticut must offer Underinsured Motorist Conversion Coverage (UIMC) for an additional premium.
Standard UIM coverage calculates your benefit by subtracting the at-fault driver’s liability payment from your UIM limit. This offset often reduces your actual benefit significantly. For example, if you carry $100,000 in standard UIM coverage and the at-fault driver has $100,000 in liability coverage, your effective UIM benefit is zero because the amounts are equal. This leaves injured drivers with no additional recovery even when their damages far exceed the at-fault driver’s policy.
UIMC changes this calculation entirely. With conversion coverage, your insurer pays up to your full UIMC limit after the at-fault driver’s liability coverage has been exhausted, without deducting the amount already paid by the at-fault driver’s insurer. Using the same example, if you have $100,000 in UIMC and the at-fault driver paid their full $100,000, your UIMC carrier would owe up to an additional $100,000, giving you access to $200,000 in total compensation.
| Scenario | Your UIM Limit | At-Fault Driver’s Liability | Total Damages | Standard UIM Payout | UIMC Payout |
|---|---|---|---|---|---|
| A | $100,000 | $50,000 | $200,000 | $50,000 | $100,000 |
| B | $100,000 | $100,000 | $250,000 | $0 | $100,000 |
| C | $250,000 | $100,000 | $400,000 | $150,000 | $250,000 |
| D | $50,000 | $25,000 | $100,000 | $25,000 | $50,000 |
The table below illustrates the difference between standard UIM coverage and conversion coverage across several common scenarios.Importantly, the limitation on total recovery from all policies under § 38a-336(b) does not apply to UIMC purchased under § 38a-336a. This statutory carve-out makes conversion coverage one of the most valuable options available to Connecticut drivers.
Key Takeaway: UIMC does not deduct the at-fault driver’s payment from your benefit. This can double your effective coverage in many accident scenarios. Connecticut law explicitly exempts UIMC from the cap on total recovery that applies to standard UM/UIM policies.
How Much UM/UIM Coverage Does Connecticut Require?
Connecticut mandates that every automobile liability insurance policy include UM/UIM coverage. Under CGS § 14-112 and § 38a-336, the minimum required limits are:
- $25,000 per person for bodily injury or death
- $50,000 per accident for bodily injury or death
Since January 1, 1994, Connecticut law has required UM/UIM coverage limits to equal your bodily injury liability limits unless you specifically request a lower amount in writing. Any request to reduce UM/UIM below your liability limits requires signing an Informed Consent Form that includes an explanation of the coverage, a list of available options, and the premium cost for each option. The form must include a heading in 12-point type, warning that you are choosing reduced protection.
Connecticut insurers must also offer UM/UIM coverage at up to twice your bodily injury liability limit. If you carry $100,000 per person in liability coverage, your insurer must give you the option to purchase $200,000 per person in UM/UIM coverage. Many drivers are unaware of this option because insurers are only required to offer it, not to recommend it. Reviewing your policy or speaking with your insurance agent about increasing your UM/UIM limits is one of the most cost-effective ways to protect yourself and your family.
Key Takeaway: Connecticut requires minimum UM/UIM limits of $25,000/$50,000. Your insurer must offer coverage up to twice your liability limit, and any reduction below your liability limit requires a signed Informed Consent Form.
Car Accident Attorney in Waterbury – DeFronzo & Petroskey, P.C.
Dan Petroskey, Esq.
Dan Petroskey, Esq., is the owner of DeFronzo & Petroskey, P.C., a personal injury law firm with over 60 years of combined history serving the Waterbury community. Admitted to the Connecticut Bar in 2004 and the New York Bar in 2006, Dan has exclusively represented plaintiffs in personal injury cases for more than two decades, successfully advocating for thousands of clients injured in motor vehicle accidents, slip-and-falls, and premises liability incidents.
Dan is recognized as both a Best Lawyers and Super Lawyers rated attorney for his work in personal injury law. He is an active member of the Connecticut Bar Association and currently serves as the President of the Waterbury Bar Association.
What Should You Do After an Accident With an Underinsured Driver in Waterbury?
If you are involved in a car accident in Waterbury or elsewhere in New Haven County and discover that the at-fault driver’s insurance does not cover your full damages, there are several steps that can help protect your right to UM/UIM benefits.
First, report the accident to your own insurance company as soon as possible. Connecticut policies typically require prompt notification of any accident that may trigger UM/UIM coverage. Delaying this report can give your insurer grounds to dispute or deny your claim. Even if you believe the other driver’s insurance will cover everything, filing a report with your own carrier preserves your options.
Second, do not settle with the at-fault driver’s liability insurer without notifying your UM/UIM carrier. Connecticut requires exhaustion of the at-fault driver’s applicable bodily injury liability limits by payment of judgments or settlements before UIM benefits are owed. The Connecticut Supreme Court held that settling for less than the tortfeasor’s policy limits does not meet the statutory ‘exhausted by payment’ requirement
Third, gather and preserve documentation of your injuries and expenses. Medical records, wage statements, and photographs of vehicle damage all help establish that your total damages exceed the at-fault driver’s coverage. The stronger your documentation, the better positioned you are to pursue the full value of your UM/UIM claim through negotiation or arbitration.
Personal injury claims in Connecticut must generally be filed within two years of the date of injury under CGS § 52-584. UM/UIM claims also have their own contractual time limitations set by your policy, typically three years. Missing either deadline can permanently bar your recovery.
Key Takeaway: Report accidents to your own insurer promptly, do not settle with the at-fault driver’s insurer without notifying your UIM carrier, and be aware that Connecticut imposes a two-year statute of limitations on personal injury claims under CGS § 52-584.
How Are UM/UIM Disputes Resolved in Connecticut?
Many Connecticut auto policies resolve UM/UIM disputes through arbitration. If a policy includes an arbitration provision, § 38a-336(c) requires it to meet specific statutory requirements (including how arbitrators are chosen).
Connecticut courts have held that all issues relating to UM/UIM coverage, including notice provisions and policy interpretation, are subject to arbitration. This means that if you and your insurer disagree about whether your policy covers a particular accident or about the amount of damages you are owed, an arbitrator typically decides the dispute.
Courts can review legal questions (like interpretation/application of law) arising from compulsory UM/UIM arbitration more closely than ordinary arbitration review; however, court review is still governed by Connecticut’s arbitration statutes and standards.
If arbitration does not resolve your claim, or if your dispute involves issues beyond coverage, litigation may be filed at the Waterbury Superior Court at 400 Grand Street. Personal injury cases arising in Waterbury, Middlebury, Naugatuck, Prospect, Southbury, Watertown, Wolcott, and Woodbury fall within the Waterbury Judicial District. Civil cases in this district follow Connecticut’s standard practice book procedures for discovery, depositions, mediation, and trial.
Key Takeaway: Most Connecticut UM/UIM disputes go through binding arbitration. Coverage decisions receive de novo court review, and unresolved claims can be litigated in Waterbury Superior Court for accidents occurring within the Waterbury Judicial District.
Can You Increase Your Coverage Without Stacking?
Because Connecticut prohibits traditional stacking, drivers who want more protection need to explore other options. Several strategies can increase the amount of UM/UIM coverage available to you without running afoul of the anti-stacking rules.
Purchase Higher UM/UIM Limits
The most straightforward approach is to buy more coverage. Connecticut insurers must offer UM/UIM limits up to twice your bodily injury liability limit. If you currently carry the state minimum of $25,000/$50,000, increasing your liability coverage and matching UM/UIM limits significantly expands your safety net. The premium increase for higher UM/UIM limits is often modest compared to the additional protection it provides.
Add Underinsured Motorist Conversion Coverage
As discussed earlier, UIMC under CGS § 38a-336a changes how your benefit is calculated and can effectively double your coverage in many scenarios. Because the anti-stacking cap under § 38a-336(b) does not apply to UIMC, this is one of the most valuable add-ons available to Connecticut drivers.
Review Household Policies
If multiple drivers in your household carry separate auto policies, understanding which policies apply in different accident scenarios can help you make informed coverage decisions. While you cannot stack these policies, knowing that the highest limit among applicable policies sets your maximum recovery can guide your purchasing decisions.
Key Takeaway: Purchasing higher UM/UIM limits, adding conversion coverage, and reviewing household policies are the most effective ways to increase your protection within Connecticut’s anti-stacking framework.
Protect Your Rights With Help from a Waterbury Car Accident Attorney
Dealing with an underinsured driver after a serious car accident can leave you facing medical bills and lost income that far exceed the at-fault driver’s insurance. Understanding your own policy’s UM/UIM provisions and whether conversion coverage or a multi-policy exception applies can make a significant difference in your recovery.
Waterbury personal injury attorney Dan Petroskey has spent over two decades helping accident victims throughout New Haven County pursue the compensation they deserve. At DeFronzo & Petroskey, P.C., our car accident lawyers review your insurance policies, identify all available sources of recovery, and handle negotiations with insurers or arbitration proceedings at Waterbury Superior Court so you can focus on healing.
Call DeFronzo & Petroskey, P.C. at (203) 756-7408 for a free consultation. Our office in Waterbury serves clients across New Haven County, including Naugatuck, Prospect, Southbury, Watertown, and Wolcott.
