Detailed Answer
When more than one person causes your injury or property damage and the at-fault parties share a single insurance policy, the policy limit may not cover your total losses. Under Vermont law, you can pursue each responsible party individually once the insurer pays its maximum. Here is how it works:
- Understand Joint and Several Liability. Vermont’s joint and several liability rule lets you recover the full amount of your damages from any one tortfeasor, regardless of each party’s share of fault. See 12 V.S.A. § 1034. This rule applies to most negligence cases outside product-liability claims.
- Collect Policy Limits First. File a claim with the shared insurer. The insurer pays up to the policy limit to any injured claimant. Once the insurer exhausts its obligations, you must pursue unpaid damages directly from the individuals who caused harm.
- File a Lawsuit for the Excess. After the insurer pays, file suit against the at-fault parties for the remaining balance. You must do so within the statute of limitations—typically three years for personal injury under 12 V.S.A. § 511.
- Seek a Judgment. At trial, prove each defendant’s negligence and the total amount of your damages. Ask the court to enter judgment for the full balance above the policy limit.
- Enforce the Judgment. Once you have a judgment, you can garnish wages, levy bank accounts or place liens on real estate owned by the judgment debtor.
- Contribution Among Defendants. If one defendant ends up paying more than their share of fault, Vermont law lets that party seek contribution from co-defendants under 12 V.S.A. § 1032. Contribution claims allocate fault-based responsibility among all at-fault parties.
This approach ensures you can recover your full losses, even when a single policy limit is not enough.
Helpful Hints
- Document all medical bills, repair estimates and wage-loss records carefully.
- Obtain uninsured/underinsured motorist coverage if you’re a driver—this may kick in after shared policy limits exhaust.
- Search public records to locate defendants’ assets before filing suit.
- Consider settlement negotiations after policy limits pay out; uninsured defendants may settle to avoid trial.
- Consult a Vermont personal injury attorney early to evaluate damages and recovery options.
Disclaimer: This article is for general information only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.