Expert: Richard Hixenbaugh - 4/3/2009

Question
I was rear-ended last May and am still in treatment. I'm not working with a lawyer, even though I have consulted with several. The kid who hit me has a minimal policy for Mass 20/40 and lives at home. The value of my claim may go over the 20 that is available on his policy. I was just wondering, in a case like this, if I could file for the excess to come out of his parent's homeowner's policy or something like that. I know I have my own UIM in my policy, but I believe "stacking" is illegal in Mass.

Any info would be great. Thanks.

also, we are cross-insuranced and my insurance co. never bothered to tell me my PIP ran out in December.

Answer
Hi Kristen,

You have your phrases mixed up.

First, no you can not make a claim to the kids parents homeowners insurance.

Second, yes you would make a UIM claim on your own insurance policy.

Third, the term "stacking" refers to a situation where you have multiple vehicles on your own policy and in making a UIM claim you try to say that if I have UIM coverage of 20/40 and I have 3 cars on my policy, then I can access 3 times the coverage or 60/120. That is stacking the coverage of each of your 3 cars to create a larger total available coverage. In most states you can not do that. In your case you are not stacking. You do need to notify your insurance company of your injuries and your intent to make a UIM claim.


I hope this helps
Richard Hixenbaugh