Disclaimer: This article provides general information only and does not constitute legal advice.
Detailed Answer
When multiple parties share a single policy and its limit is exhausted, you can still recover unpaid expenses by pursuing each at-fault party directly. New York courts hold joint and several liability for economic damages. Under CPLR 1601, each defendant may be held responsible for the full amount of economic damages regardless of their share of fault. You can file a lawsuit against all at-fault parties to seek a judgment that covers your total expenses.
After obtaining a judgment, enforce it against the personal assets of each defendant. Use post-judgment remedies such as wage garnishment, bank account levy, or property liens under CPLR 5231. If one defendant pays more than their fair share, you may pursue contribution from other tortfeasors. New York law grants a right of contribution under CPLR 1401, which allows you to demand reimbursement proportionate to fault.
Additionally, review any uninsured or underinsured motorist coverage available to you. These coverages can fill gaps when at-fault parties lack sufficient insurance.
Helpful Hints
- Identify all potential at-fault parties and their insurance policies promptly.
- Track consent and filing deadlines. Personal injury actions generally follow a three-year statute of limitations under CPLR 214.
- Gather evidence of each party’s fault to support joint and several liability claims.
- Consider negotiating structured settlements to secure payments over time.
- Consult a qualified attorney for case-specific guidance and to navigate procedural requirements.