Disclaimer: This information is not legal advice. Consult an attorney for guidance tailored to your situation.
Detailed Answer
When two or more parties cause harm, they may share a single insurance policy or each carry separate policies. If a shared policy cap leaves your expenses unpaid, Virginia law still allows you to seek the remaining balance directly from the at-fault individuals.
Joint and Several Liability for Economic Damages
Under Virginia Code § 8.01-34, economic damages (medical bills, lost wages and property damage) remain joint and several. That means you can collect the full amount of economic losses from any one defendant, regardless of fault percentage. (Va. Code § 8.01-34)
Proportionate Liability for Non-Economic Damages
Virginia eliminates joint and several liability for non-economic damages (pain and suffering). You must pursue each defendant only for their percentage of fault. (Va. Code § 8.01-34)
Contribution Among Joint Tortfeasors
If you settle with one at-fault party or collect from one, that amount reduces your recovery against others. Virginia Code § 8.01-35.1 governs these credits and sets deadlines for contribution claims. (Va. Code § 8.01-35.1)
Practical Steps to Maximize Recovery
- Identify each at-fault party, such as drivers, property owners or manufacturers.
- Determine each party’s insurance limit and verify shared vs. separate policies.
- Calculate total economic and non-economic damages with documentation.
- File suit for the unpaid portion; demand joint and several liability for economic damages and proportionate shares for non-economic damages.
- Serve all defendants and provide proof of policy limits exhausted by settlement or payment.
- Enforce judgments through wage garnishment, liens or asset levy.
Helpful Hints
- Track all payments and policy limits in writing.
- Keep medical records and expert reports organized.
- Review Virginia’s statute of limitations for personal injury claims: Va. Code § 8.01-243.
- Consider mediation or settlement conferences to reduce costs.
- Consult an attorney if multiple defendants or significant damages are at issue.