Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.

Detailed Answer

When an insurer’s policy limit does not cover the full cost of your damages, Pennsylvania law allows you to pursue the shortfall from each at-fault party. Key steps include:

1. Identify All Potentially Liable Defendants

Begin by naming every individual or entity whose negligence contributed to your injury or loss. Gathering evidence—accident reports, eyewitness statements, medical records—helps establish each party’s degree of fault.

2. Understand Pennsylvania’s Liability Rules

• Joint and Several Liability for Economic Loss: Under 42 Pa.C.S. §7102(b), each tortfeasor is jointly and severally liable for economic damages (medical bills, lost wages). See 42 Pa.C.S. §7102.
• Several Liability for Noneconomic Loss: Non-economic damages (pain and suffering) are allocated to each defendant according to their percentage of fault.
• Comparative Negligence: Pennsylvania follows modified comparative negligence. If your own negligence exceeds 50%, you cannot recover. Otherwise, your recovery is reduced by your share of fault.

3. File a Civil Action

File a complaint in the appropriate Pennsylvania court naming all at-fault parties. Include specific allegations of negligence and the relief sought (both economic and noneconomic damages).

4. Pursue Contribution Claims

Once a judgment is entered, you can seek contribution from other tortfeasors who paid less than their share. Under Pennsylvania Rule of Civil Procedure 2240, a defendant who pays more than its equitable share may file a contribution claim against co-defendants.

5. Enforce Your Judgment

If you obtain a verdict exceeding the exhausted policy limit, enforce the judgment by garnishing wages, placing liens on real estate, or seizing non-exempt assets. Pennsylvania’s Execution and Supplemental Processes allow post-judgment collection.

6. Consider Settlement Negotiations

Often settling with multiple defendants and their insurers is more efficient. Structure releases to preserve rights against co-defendants, or negotiate structured payments to cover future shortfalls.

Helpful Hints

• Document all expenses immediately: keep medical bills, repair estimates, and pay stubs.
• Obtain written settlement offers from insurers to compare against your total damages.
• Track each defendant’s insurance policy limits early, and notify insurers in writing of multiple claims.
• Work with a civil litigation attorney to draft contribution complaints and collect post-judgment.
• Review Pennsylvania’s rules on exemptions to understand which assets you can pursue without violating debtor protections.