Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Understanding Policy Limits and Multiple Defendants
When you suffer damages in an incident involving more than one at-fault party, each defendant’s insurance policy covers only up to its individual limit. If two drivers carry $50,000 each and your medical bills total $120,000, insurance will pay a combined maximum of $100,000. The remaining $20,000 remains unpaid unless you pursue other legal options.
Pursuing Proportionate Responsibility Under Texas Law
Texas abolished joint and several liability for most economic damages. Instead, you can pursue each defendant for their share of fault under the Texas Civil Practice & Remedies Code §33.001. A jury allocates fault among all parties and responsible third parties. You then collect from each defendant exactly the percentage of total damages assigned to them.
For example, if Driver A is 60% at fault and Driver B is 40% at fault for $120,000 in losses, you seek $72,000 from Driver A and $48,000 from Driver B. You can enforce judgment beyond the insurance limits by pursuing each defendant’s personal assets, property liens or wage garnishments.
Additionally, under §33.012, you receive a settlement credit for any amount paid by one party when calculating what you may recover from others.
Exploring Underinsured Motorist Coverage
If defendants lack sufficient insurance or assets, your own underinsured motorist (UIM) coverage can bridge the gap. Texas Insurance Code §1952.101 mandates that insurers offer UIM coverage; many policyholders carry it to protect against this exact scenario. You file a claim under your policy for the unpaid portion once the at-fault driver’s insurance pays its limits. Read more at Texas Insurance Code Chapter 1952.
Steps to Maximize Recovery
- Gather all insurance policies held by each at-fault party.
- Calculate total damages, including economic and non-economic losses.
- Demand policy limit payment from each insurer in writing.
- File suit against each defendant for their proportionate share under Chapter 33.
- File a UIM claim under your own policy if deficits remain.
Helpful Hints
- Keep detailed records of medical bills, repair estimates and lost-wage documentation.
- Send timely demand letters to insurers setting out your total damages.
- Obtain a clear breakdown of fault percentages at mediation or trial.
- Review your own auto policy to confirm UIM limits and coverage options.
- Consider expert testimony to clarify complex damages, especially for future medical care.