Disclaimer: This article provides general information about Wisconsin law. It is not legal advice. Consult an attorney for your specific situation.
Detailed Answer
When multiple parties share a single insurance policy limit, the insurer pays up to that limit regardless of the number of at-fault insureds. If your total losses exceed that limit, you can still pursue the unpaid balance from each responsible party under Wisconsin law.
Filing Against Multiple Defendants
Wisconsin statutes allow you to join all potentially liable parties in one lawsuit. Under Wis. Stat. § 895.045, individuals responsible for the same injury are joint tortfeasors and are jointly and severally liable for the full amount of damages. You may elect to recover the entire unpaid balance from any one defendant, regardless of that defendant’s share of fault.
Apportionment of Fault
The trier of fact will assign a percentage of fault to each party, including yourself. Your ultimate recovery is reduced by your own percentage of fault, but you can still collect the remaining damages from any defendant. For example, if you are 10% at fault and a defendant is 60% at fault, you can recover 90% of your total damages from that defendant.
Contribution Among Tortfeasors
After one defendant pays more than their fair share, that tortfeasor can seek contribution from other joint tortfeasors under Wis. Stat. § 895.235. Contribution lets a defendant who paid excess damages recover from other responsible parties in proportion to their fault.
Impact of Settlements
If you settle with one party and execute a full release under Wis. Stat. § 895.03, you generally waive any future claims against that released tortfeasor. To preserve contribution rights, negotiate a partial release or reservation of rights before settling.
Helpful Hints
- Document all losses and gather evidence—photos, medical records, repair estimates.
- Review each at-fault party’s insurance policy limits and personal assets.
- Consult an attorney early to structure your lawsuit under Wisconsin’s joint liability rules.
- Consider mediation or alternative dispute resolution to streamline claims against multiple defendants.
- Act before the statute of limitations expires—typically three years for personal injury claims under Wis. Stat. § 893.54.