How Can Someone Seek Damages from Multiple At-Fault Parties When a Shared Policy Limit Leaves Expenses Unpaid in NJ?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.

Detailed Answer

When an injured party in New Jersey faces losses that exceed a single insurance policy’s limit covering multiple at-fault parties, there are strategies to recover unpaid expenses. New Jersey’s comparative-fault and contribution frameworks determine how to allocate and enforce liability beyond policy limits.

1. Determine Each Party’s Fault and Insurance Coverage

First, identify all individuals or entities whose negligence contributed to your harm. Obtain and review each defendant’s insurance policy declarations. In some cases, multiple defendants share a common policy limit (for example, employers and employees on the same commercial general liability policy).

2. Exhaust the Shared Policy Limit

Present your demand to the insurer up to the full policy limit. If the insurer pays the maximum amount, you release the insurer and its insured parties from further liability under that policy. However, this settlement does not bar you from pursuing uncovered damages against the defendants personally.

3. Pursue Personal Assets for Excess Damages

After exhausting policy proceeds, you can sue each at-fault party directly for the remaining damages. New Jersey allows plaintiffs to collect beyond insurance if the defendant has sufficient assets.

4. Understand Limited Joint and Several Liability

Under New Jersey’s Tort Reform Act, defendants bearing more than 60% of the fault are jointly and severally liable for non-economic damages (e.g., pain and suffering). Defendants pay economic damages (e.g., medical bills, property loss) only in proportion to their fault percentage. For details, see N.J.S.A. 2A:15-5.3.

5. Seek Contribution from Other Defendants

If you collect more than your fair share from one defendant, that defendant can pursue contribution from co-defendants under the New Jersey Contribution Among Tortfeasors Act (N.J.S.A. 2A:53A-1). This mechanism ensures equitable distribution of liability among responsible parties.

6. Consider Settlement and Alternative Dispute Resolution

Mediation or arbitration can expedite resolution and reduce legal fees. Insurers often prefer ADR to control costs. Make sure any settlement allocates proceeds among all parties and preserves your right to pursue remaining defendants.

Helpful Hints

  • Document all economic losses with bills, estimates and receipts.
  • Request complete policy information from each insurer early in the case.
  • Consult a civil trial attorney to assess personal-asset exposures.
  • Negotiate joint release agreements to avoid future claims by other defendants.
  • File your lawsuit within New Jersey’s two-year personal injury statute of limitations (N.J.S.A. 2A:14-2).

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.