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Georgia

Negligence Doctrine: Modified Comparative Negligence – 50 Percent Bar

Circuit # 11

Med Pay Subrogation - No

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products 10 years
Statute of Repose: Real Property 8 years
Breach of Contract (Written) 6 years
Personal Property 4 years
Personal Injury 2 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - YES

Suspend Owner's License - YES


Deductible Reimbursement

Dollar One (Insured Made Whole) State (Policy Language may Control) & Undecided/Pro Rata Default (Policy Language may Control)
 

No applicable statute, Administrative Code provision or case law exists; Georgia’s Department of Insurance takes the position that the policyholder should come first, but good customer service and insurance contract dictate
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

The maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment may not exceed the lesser of 25% of his disposable earnings for that week or the amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage.  For earnings for a period other than a week, a multiple of the federal minimum hourly wage equivalent in effect shall be used
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $10,000 plus costs
Liable for medical expenses or property damage caused by willful or malicious act of child
 


Subrogation by Landlord's Carrier against Tenant

Not clear, look to lease


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