February 2020

Not Enough to Go Around: Now What?

When there are more claimants under a defendant’s auto liability policy coverage than the amount of the defendant’s coverage limits, the “not enough to go around” problem arises.  Let’s take a typical scenario in an auto collision personal injury matter in which there are three claimants (injured people), but the responsible defendant has an auto liability insurance coverage of $25,000/person, $50,000/occurrence.  With three claimants, who gets what amount?  In this example, each claimant can assert a damages claim of up to $25,000 under the defendant’s policy, but since there are more than tw