Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
When two or more parties share a single liability policy and that policy limit is exhausted, a claim may remain undercompensated. Under Rhode Island law, you can still pursue the at-fault individuals for additional damages beyond the insurer’s payment.
Step 1: Determine fault and policy limits. Identify each party’s percentage of fault through accident reports, witness statements, and expert opinions. Confirm the total combined limit of the shared policy (e.g., two drivers have a $50,000 combined limit). If your medical bills and property damage exceed that limit, you can seek the shortfall directly from each tortfeasor.
Step 2: Understand contribution among tortfeasors. Rhode Island’s contribution statute allows you to allocate liability among multiple wrongdoers. See R.I. Gen. Laws §10-6-2. This statute lets you pursue each defendant for their pro-rata share or, in cases of joint and several liability, for the full amount, with the defendant then entitled to seek contribution from co-tortfeasors.
Step 3: File suit against the individuals. Even if the insurer paid its policy limit, you can file a civil lawsuit naming each at-fault party. Rhode Island’s two-year statute of limitations for personal injury claims (R.I. Gen. Laws §9-1-14) still applies. In your complaint, demand the remaining damages and state each party’s percentage of fault.
Step 4: Enforce a judgment. If you obtain a judgment exceeding the insurer’s payment, collect from the defendants’ personal assets through wage garnishment, bank levies, or property liens.
Step 5: Explore underinsured motorist coverage. If you purchased underinsured motorist (UIM) coverage, you may recover the unpaid balance from your own insurer. Rhode Island requires insured motorists to offer UIM benefits—see R.I. Gen. Laws §27-7-8. UIM coverage steps in when the at-fault party’s limit is too low.
Helpful Hints
- Collect clear evidence of fault percentages to support your contribution claim.
- Notify all defendants and their insurers promptly to preserve your rights.
- Keep track of the statute of limitations—Rhode Island generally allows two years for injury suits.
- Consider mediation or settlement conferences before trial to avoid high litigation costs.
- Consult a local attorney to review asset-collection options after judgment.