Detailed Answer
When an accident involves more than one at-fault party and available insurance coverage fails to cover your total losses, Missouri law allows you to pursue each responsible party for their share of damages. Under Mo. Rev. Stat. §537.060, defendants are liable for economic damages in proportion to their percentage of fault. Non-economic damages (such as pain and suffering) remain joint and several, meaning any one defendant can be held responsible for the full amount.
For example, if Driver A and Driver B each bear 50% fault and total medical expenses amount to $30,000, but the only applicable insurance policy has a $20,000 limit, you may recover the full $20,000 from the insurer and then pursue Driver B for their 50% share of any uncovered economic damages (in this case, $5,000). When at-fault parties lack sufficient insurance or assets, you can seek a court judgment and use post-judgment collection tools.
Key steps to recover remaining damages:
- Submit a demand to each insurer and follow internal appeals.
- File a lawsuit in Missouri state court before the statute of limitations expires (generally five years for personal injury under Mo. Rev. Stat. §516.140).
- Prove each party’s negligence and quantify damages.
- Obtain a judgment allocating damages by percentage at trial.
- Collect from insurance proceeds, then enforce the judgment against the individual defendant for uncovered economic damages through garnishment, bank levies, or liens.
Collecting on a judgment may involve additional steps under Missouri law, including recording liens on real property or garnishing wages. Judgments in Missouri are enforceable for ten years and may be renewed under Mo. Rev. Stat. §511.380.
Helpful Hints
- Document all medical bills, repair estimates, and other financial losses.
- Keep detailed records of fault indicators, such as police reports and witness statements.
- Confirm each policy’s limits and exclusions before negotiating settlements.
- Remember Missouri follows pure comparative fault—your recovery may be reduced by your own percentage of fault.
- Consider post-judgment remedies early; uninsured defendants may require asset searches.
- Consult a personal injury attorney to navigate complex apportionment rules and collection methods.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.