Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney in Oregon for guidance on your specific situation.
Detailed Answer
When multiple parties share liability for your injuries or damages, but the at-fault parties’ combined insurance coverage falls short, Oregon law provides tools to pursue full compensation:
- Identify All Responsible Parties. List every individual or entity that contributed to the harm. This may include drivers, property owners, employers, or product manufacturers.
- Calculate Your Total Damages. Add up medical bills, lost wages, property damage, pain and suffering, and other losses. Compare that total to the shared policy limit.
- File Suit Against Each Defendant. Under Oregon’s rule of several liability, you can sue each at-fault party in the same lawsuit and request that the court allocate fault among them. You may obtain a judgment that apportions damages based on each party’s percentage of fault.
- Pursue Contribution Between Tortfeasors. If one defendant pays more than its fair share, it can seek contribution from other joint tortfeasors. Oregon’s contribution statute (ORS 31.600) allows a defendant who has paid more than its share to demand proportional reimbursement from co-tortfeasors who are at least 50% at fault.
ORS 31.600 – Right of Contribution - Enforce Judgments Against Personal Assets. If insurance funds are exhausted, you can levy bank accounts, garnish wages, or place liens on real estate owned by the at-fault parties to collect outstanding judgments.
- Check for Additional or Excess Insurance. Some defendants carry umbrella or excess liability policies that kick in after the primary policy limits are reached. Review any available policies to see if they provide extra coverage.
- Consider Indemnification or Subrogation Claims. In certain business or employer-employee relationships, one party may have an obligation to indemnify another. You may pursue these claims separately to secure additional recovery.
- Negotiate Settlements Carefully. Accepting a settlement from one party may affect your rights against others. Always review release terms to preserve claims against remaining defendants where possible.
- Be Mindful of Statutes of Limitations. In Oregon, most personal injury claims must be filed within two years (ORS 12.110). Missing deadlines can bar your ability to recover.
Helpful Hints
- Document all evidence of fault, including photos, witness statements, and expert reports.
- Obtain copies of each defendant’s insurance declarations to understand policy limits.
- Keep detailed records of medical treatments and expenses.
- Ask your attorney about hiring a forensic accountant to trace hidden assets.
- Consider mediation or alternative dispute resolution to reduce litigation costs.
- Stay organized with deadlines using a legal calendar or case management software.
- Communicate promptly with all insurers and co‐defendant attorneys to avoid surprises.