If defendants are only liable for their share, what if one cannot pay in Georgia?

· 3 min read

Georgia’s move to several liability carries a real risk for injured people: if one defendant is insolvent, uninsured, or simply unable to pay its assigned percentage, the others generally do not have to make up the difference. The plaintiff bears the shortfall when a responsible party cannot satisfy its share of the judgment.

Several liability shifts the risk of insolvency

Under O.C.G.A. § 51-12-33, each defendant pays only the damages matching its own fault percentage. There is no joint obligation that lets a plaintiff collect the whole judgment from any single defendant. Before this system, joint-and-several liability often let an injured person recover the full amount from one solvent defendant, leaving that defendant to chase the others. Several liability reversed who carries that risk. Now, if a defendant assigned 40% of the fault is broke, the plaintiff cannot demand that 40% from a co-defendant who was found 60% at fault.

The practical result is that a verdict on paper is not the same as money in hand. Collectibility depends on each defendant’s ability to pay its own portion.

Why naming the right defendants matters

Because shortfalls fall on the plaintiff, identifying and pursuing every solvent, responsible party from the outset becomes important. Considerations often include:

  • Whether each potential defendant carries insurance and in what amounts.
  • Whether a financially sound party, such as an employer, may be independently responsible.
  • Whether a non-party likely to be blamed is collectible or merely an empty chair.

Leaving out a solvent party, or letting fault drift to someone who cannot pay, can mean a portion of the damages is never recovered even after a successful trial.

Sources of recovery beyond a single defendant

Other avenues sometimes fill part of a gap, though they depend on the facts. Uninsured and underinsured motorist coverage can respond in auto cases where an at-fault party lacks adequate insurance, under the separate framework of O.C.G.A. § 33-7-11. An employer’s independent liability, where it exists, may add a collectible source distinct from an individual employee. These are not guarantees, and each has its own rules and limits.

The bottom line

In Georgia, if one defendant cannot pay its apportioned share, the others usually are not required to cover it, and the plaintiff absorbs the loss. That makes it important to pursue all solvent, responsible parties and to consider coverage like uninsured-motorist protection, because a percentage of fault assigned to a party who cannot pay can translate into damages that are awarded but never collected.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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