Detailed Answer

When multiple at-fault parties share a single insurance policy and that policy’s limit is exhausted, South Carolina law still allows you to recover unpaid expenses. Key paths include pursuing contribution among tortfeasors, enforcing judgments against personal assets, and, in some cases, garnishing the insurer.

1. Pursue Contribution Among Joint Tortfeasors

Under South Carolina’s Contribution Among Joint Tortfeasors Act (SC Code Ann. §15-38-10), if you obtain a judgment against one tortfeasor who pays more than their fair share, that party may seek contribution from other at-fault parties. This ensures each wrongdoer bears their proportionate share of the loss.

2. Enforce Personal Liability of Tortfeasors

Once you secure a judgment for the full amount of your damages (including unpaid medical bills, lost wages, and other expenses), you can collect against any at-fault party’s personal assets—bank accounts, real estate, or wages—up to the unsatisfied balance. South Carolina courts generally allow post-judgment remedies such as wage garnishment, bank garnishment, and liens on real property.

3. Garnish the Insurer After Judgment

South Carolina prohibits direct action against an insurer before you obtain a judgment. However, SC Code Ann. §38-77-140 permits a judgment creditor to garnish the insurer within 15 days after entry of a judgment. This garnishment lets you collect any remaining policy benefits directly from the insurer to satisfy your judgment.

4. Negotiate Settlements or Mediate

Before or after filing suit, you can negotiate a global settlement with all defendants or use mediation. Settlements can include payment plans or structured agreements to ensure each party pays their share—even when policy limits are exhausted.

5. Explore Excess or Umbrella Policies

Sometimes at-fault parties carry umbrella or excess liability policies. After the primary policy is exhausted, an umbrella carrier may cover remaining losses. Reviewing all insurance policies involved can uncover additional coverage.

6. Consider Alternative Relief

If traditional remedies fall short, you might explore claims related to uninsured/underinsured motorist coverage, restitution through criminal court when applicable, or victim compensation programs.

Helpful Hints

• Document all damages thoroughly: keep medical bills, invoices, and lost wage calculations.
• Identify every at-fault party and their insurance carriers early.
• Confirm policy limits in writing before negotiation or settlement.
• Obtain a full and final judgment before pursuing garnishment or asset seizure.
• Keep track of any contribution claims—timely file motions under SC Code Ann. §15-38-10.
• Consult a qualified attorney to guide enforcement actions and ensure compliance with procedural rules.

Disclaimer

This article provides general information about South Carolina law and does not constitute legal advice. Always consult a licensed attorney to address your specific situation.