Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When several parties share fault in an accident and a single insurance policy covers them, the insurer may pay only up to its maximum limit. If your total damages exceed that limit, you can pursue the unpaid balance directly from each at-fault party under Washington law.
First, identify everyone whose conduct contributed to your loss. This might include drivers, property owners, employers, or manufacturers. Collect evidence such as police reports, witness statements, photos, and expert analyses attributing a percentage of fault to each party.
Next, file separate claims or a single lawsuit naming all at-fault individuals or entities. Washington’s Comparative Fault Act allows courts to assign responsibility and adjust awards. Under RCW 4.22.010, joint tortfeasors have a right to contribution. RCW 4.22.020 sets deadlines for seeking contribution.
Washington applies pure comparative fault (RCW 4.22.005). You recover damages from each defendant based on their share of fault, regardless of your own percentage. For example, if you are 10% at fault and two defendants share 90% fault, a court awards you 90% of your total loss, divided according to each defendant’s percentage.
Also review your own auto policy for underinsured or uninsured motorist coverage. That coverage can bridge gaps when policy limits fall short. Insurer contribution rules appear at RCW 48.22.030.
Helpful Hints
- Gather all medical bills, repair estimates, and wage-loss records immediately.
- Preserve evidence—photos, videos, and witness contact details.
- Consult an attorney experienced in personal injury and insurance coverage disputes.
- Track each party’s percentage of fault to calculate fair recovery.
- File suit before the statute of limitations runs. See RCW 4.16.080 (three years for personal injury).
- Consider mediation or settlement talks to avoid prolonged litigation costs.
- Review your own policy for additional coverages like underinsured motorist protection.