Disclaimer: This article provides general information and is not legal advice. Consult a qualified attorney to address your specific situation.
Understanding Delaware’s Liability Rules
Under Delaware law, each party at fault in an accident may bear liability for a share of damages. When one insurance policy covers multiple defendants and its limit is exhausted, a victim can still pursue unpaid losses from other at-fault parties or additional insurance layers.
Delaware applies modified comparative fault and apportions economic and non-economic damages among wrongdoers. See 10 Del. C. § 8132 (Joint and Several Liability).
Step 1: Identify All At-Fault Parties
List every defendant whose negligence contributed to your harm. These may include drivers, vehicle owners, employers (vicarious liability), or product manufacturers.
Step 2: File Suit Against Each Defendant
You may name multiple defendants in one complaint. A court will assess fault percentages. Under Delaware’s comparative fault, you can recover even if you share some blame—so long as your fault stays below 50%.
Step 3: Seek Judgment and Enforce Collections
After trial or settlement, the court enters a judgment. If one policy’s $X limit is paid fully and you still face a shortfall, you can:
- Pursue personal assets of underinsured defendants for their share of fault.
- Tap your own underinsured motorist (UIM) coverage if available.
- Assert a bad‐faith claim against your insurer if it refused to settle within policy limits and exposed you to excess judgment.
Step 4: Apply Joint and Several Liability Rules
Under 10 Del. C. § 8132, non-economic damages (pain and suffering) remain joint and several—meaning any defendant can be held responsible for the full amount, even if your policy limit has paid only part. Economic damages (medical bills, lost wages) get several liability—each defendant pays only its fault share. If one remains uninsured or underinsured, you may need to levy its assets directly.
Step 5: Leverage Additional Coverage and Remedies
Check for umbrella or excess policies. Also review your own UIM coverage under Delaware’s “stacked” option. If an insurer forces you into excess exposure by refusing a reasonable settlement, you may have a statutory claim under the Delaware Uniform Insurance Practices Act, 18 Del. C. § 2304 (Unfair Claim Practices).
Helpful Hints
- Document all medical records, bills, and wage statements.
- Track each defendant’s percentage of fault during discovery.
- Investigate personal assets—bank accounts, real estate—of underinsured defendants.
- Ask your lawyer about umbrella/excess policies beyond the shared limit.
- Consider mediation or arbitration as a faster, cost-effective option.