In Virginia, the law is uninsured (and under-insured) motorist coverage can be stacked unless there is crystal clear policy language prohibiting such stacking. On June 4, 2009 the Virginia Supreme Court issued an opinion in Virginia Farm Bureau v. Williams which held that an injured child was entitled to $850,000.00 in under-insured motorist coverage since the UM endorsement was ambiguous in the policy.
Generally, if insurance policy language is ambiguous and can be understood to have more than one meaning, then its language will be interpreted in favor of coverage and against the insurance company. It is really important that anyone injured in an accident who is insured with a Virginia automobile policy have a car accident attorney examine the insurance policy carefully to determine how much insurance coverage is available.
If there are 5 vehicles insured on the policy and a premium was paid for each vehicle to have $100,000.00 in uninsured motorist coverage, then there will likely be $500,000.00 in um coverage available unless there is clear policy language stating that the coverage does not stack. If you or your loved one has been seriously injured in an accident, a Silver Spring auto accident lawyer at Goldberg Finnegan can carefully review applicable insurance policy language and determine whether it is possible to stack insurance coverage. This is critical in catastrophic injury cases where the injuries and medical expenses alone can far exceed the available insurance coverage on the at fault driver’s liability insurance policy. Unlike Virginia, the law in Maryland is that insurance coverage do not stack.
Therefore, if you are insured with a Virginia automobile policy and you are injured in an accident in Maryland, it is important to be sure that your lawyer knows the law in both jurisdictions so that a determination can be made as to whether you are entitled to stack coverage.