Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney to discuss your specific situation.
Detailed Answer
Under Ohio law, individuals who suffer damages due to negligence can pursue recovery from every at-fault party. Ohio Revised Code Section 2307.22 establishes the principle of joint and several liability. This means each negligent party can be held responsible for the full amount of a plaintiff’s compensatory damages, regardless of the insurance policy limits applicable to any one party.
When multiple at-fault parties share a single insurance policy with a per-accident limit, and that limit is exhausted, any unpaid portion of your damages remains collectible. You can file suit against each at-fault individual or entity personally. After obtaining a judgment, you may collect the remaining balance from any solvent defendant. If one defendant cannot pay, you can recover the shortfall from the others.
Moreover, Ohio Revised Code Section 2315.33 provides a right of contribution among tortfeasors. If you personally pay more than your proportionate share of the damages, you can seek contribution from co-defendants for their allocated percentage of fault.
If you encounter complex insurance structures—such as primary, excess, or umbrella policies—you should identify all applicable coverages. Ohio Revised Code Section 3937.18 governs coordination among multiple liability policies to determine payment priority. A thorough review of policy declarations and endorsements helps reveal additional recovery sources.
To pursue damages from multiple at-fault parties:
- Identify every potentially negligent party and their insurance carriers.
- Draft and file a complaint joining all defendants in one action.
- Calculate total damages, then secure a judgment reflecting each party’s share and any joint liability.
- Enforce the judgment against each defendant or use the statutory contribution process to allocate payments.
Engaging an experienced personal injury attorney early can streamline this process. An attorney can assess policy limits, handle negotiations with insurers, and ensure procedural rules and deadlines are met.
Helpful Hints
- Gather detailed evidence (photos, medical records, witness statements) linking each party to your losses.
- Obtain copies of all relevant insurance policies, noting “per accident” versus “per person” limits.
- Leverage joint and several liability to maximize recovery from solvent defendants.
- Use the right of contribution under ORC 2315.33 to shift costs among co-defendants fairly.
- Consult a personal injury attorney to navigate complex policy coordination and collection strategies.