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

Detailed Answer

1. Understanding Shared Policy Limits

In Tennessee, an insurance policy may cover multiple drivers under a single limit. If two or more at-fault drivers share the same policy, the insurer will pay only up to that limit for the entire claim. When damages exceed this shared limit, the injured party faces unpaid expenses.

2. Suing Multiple At-Fault Parties Directly

You can file a personal injury lawsuit against each negligent party individually, even if they share an insurance policy. Tennessee follows a modified comparative fault system (Tenn. Code Ann. § 20-1-119), which allows you to recover damages reduced by your own percentage of fault, as long as you are 49% or less responsible.

3. Joint and Several Liability for Economic Damages

Tennessee law generally makes joint tortfeasors jointly and severally liable for economic damages (e.g., medical bills, lost wages). This means you may recover the full amount of economic damages from any one at-fault party, regardless of each party’s share of fault. Non-economic damages (e.g., pain and suffering) follow proportionate liability (Tenn. Code Ann. § 29-11-202).

4. Contribution Among Joint Tortfeasors

After you recover a judgment, an at-fault party who pays more than their fair share may seek contribution from other responsible parties under Tenn. Code Ann. § 29-11-105 (link). Contribution allows one tortfeasor to demand reimbursement from co-defendants for the proportion of fault allocated to them.

5. Pursuing Underinsured Motorist Coverage

If you carry underinsured motorist (UIM) coverage, you can seek additional compensation from your own insurer when the at-fault policy limit is insufficient. Tennessee requires insurers to offer UIM coverage (Tenn. Code Ann. § 56-7-1205), which can fill gaps after the shared limit is exhausted.

6. Practical Steps to Recover Unpaid Damages

1. Identify each negligent party and their insurance status.
2. File suit against all at-fault parties, naming insurers as necessary.
3. Request the court to apportion fault under comparative negligence rules.
4. Use joint and several liability to target solvent defendants for economic damages.
5. Consider filing a claim for UIM benefits if your policy includes this coverage.
6. After judgment, use contribution statutes to allocate payment obligations among tortfeasors.

Helpful Hints

• Keep detailed records of all expenses and communications with insurers.
• Consult an attorney early to draft pleadings that join all potentially liable parties.
• Review your own auto policy to confirm UIM limits and requirements.
• Be aware of Tennessee’s one-year statute of limitations for personal injury claims (Tenn. Code Ann. § 28-3-104).
• Consider mediation or settlement discussions to avoid protracted litigation.