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Idaho

Negligence Doctrine: Modified Comparative Negligence – 50 Percent Bar

Circuit # 9

Med Pay Subrogation - Yes

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products 10 years
Statute of Repose: Real Property 6 years
Breach of Contract (Written) 5 years
Personal Property 3 years
Personal Injury 2 years
Warranty N/A
Property Damage 4 years
Personal Injury 2 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - YES

Suspend Owner's License - YES


Deductible Reimbursement

Undecided/ Pro Rata Default
 

No applicable statute, Administrative Code provision or case law exists; Idaho’s Department of Insurance expresses a preference that the insured be reimbursed its deductible first – no statutory support requires this
 


Garnishment

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

The maximum part of an individual’s disposable earnings for the work week subject to garnishment may not exceed the lesser of: 1. 25% of the disposable earnings or 2. The amount of the disposable earnings that exceed 30 times the federal minimum hourly wage.  When the garnishee is the defendant’s employer, the continuing garnishment is in effect until the judgment is satisfied and if the maximum is being withheld, no additional garnishments can be served until that garnishment is satisfied
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $2,500
Liable for willful economic loss (property damage, theft, medical expenses, lost wages) caused by child
 


Subrogation by Landlord's Carrier against Tenant

Not clear, look to lease


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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