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Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 7

Med Pay Subrogation - Yes

PIP Subrogation - No

Statute of Limitations

Statute of Repose: Products 10 years
Statute of Repose: Real Property 10 or 12 years
Breach of Contract (Written) 10 years
Personal Property 2 years
Personal Injury 2 years
Warranty 4 years


Sue Owner for Negligence - YES

Suspend Owner's License - NO

Deductible Reimbursement

Undecided/ Pro Rata Default

No applicable statute, Administrative Code provision or case law exists; Indiana’s Department of Insurance indicates that the common practice is for insurer to reimburse insured on pro rata basis based on percentage recovered


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

The maximum part of an individual’s aggregate disposable earnings for the work week that is subject to garnishment in Indiana is 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; A wage garnishment can be obtained after interrogatories are served and completed and after a motion for proceeding supplemental is heard. Garnishments filed in Claims Court cases require a filing fee of approximately $15.00. Indiana now recognizes Voluntary Wage Assignments, which are to be signed by the debtor and the creditor, or the creditor’s attorney, and submitted to the employer

Parental Responsibility

Property Damage or Personal Injury (Child Living with Parent); Auto Liability (Minor Under 18)
Dollar Limit on Parents’ Liability:
   $5,000 Property Damage or Personal Injury
   Unlimited for Auto Liability
Liable for harm/damage to person/property intentionally, knowingly or recklessly caused by child; Person verifying driver’s license jointly and severally liable

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 However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in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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