Detailed Answer
When two or more parties share fault for your injury but carry a single insurance policy with a limited payout, you may face a shortfall if your expenses exceed that limit. Under New Hampshire law, you have several avenues to recover the unpaid balance:
1. Joint and Several Liability Under RSA 507:7-a
New Hampshire recognizes joint and several liability in many tort cases. See RSA 507:7-a. This means each at-fault party can be held responsible for the entire amount of economic damages. If one party’s insurer pays up to the policy limit, you can pursue the remaining defendants for the unpaid balance, even if their individual fault percentage is smaller. RSA 507:7-a.
2. Apportionment of Fault and Several Liability
New Hampshire follows a pure comparative-fault system under RSA 507:7. Each defendant is liable for the share of damages equal to their percentage of fault. You may first seek payment from the shared policy, then sue each at-fault party directly for their allocated share of the shortfall. RSA 507:7.
3. Uninsured/Underinsured Motorist Coverage (UIM)
If the at-fault parties’ policy limit leaves you under-compensated, you can turn to your own automobile policy’s UIM coverage. Under RSA 264:17-c, your insurer must cover the difference up to your UIM limit. You must give timely notice and cooperate with your insurer’s investigation. RSA 264:17-c.
4. Obtaining and Enforcing a Judgment Against Personal Assets
If insurance payouts and UIM coverage don’t cover your full losses, you can obtain a court judgment against each at-fault party for the remaining balance. After judgment, you may execute on personal assets—bank accounts, wages, or property—to satisfy what’s owed.
Helpful Hints
- Document all medical bills, lost wages, and out-of-pocket costs thoroughly.
- Request each insurer’s declarations page early to verify policy limits.
- Calculate fault percentages before settlement negotiations.
- Consider UIM coverage on your own policy if risk of under-insurance exists.
- Keep detailed records of correspondence with insurers and opposing counsel.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Laws change and every case differs. Consult a qualified attorney in New Hampshire to discuss your specific situation.