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Kentucky

Negligence Doctrine: Pure Comparative Negligence

Circuit # 6

Med Pay Subrogation - Yes

PIP Subrogation - Yes


Statute of Limitations

Statute of Repose: Products 5 years
Statute of Repose: Real Property 7 years
Breach of Contract (Written) 15 years
Personal Property 2 years
Personal Injury 1 years
Involving Motor Vehicle 2 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - YES

Suspend Owner's License - YES


Deductible Reimbursement

Pro Rata State
806 Ky. Admin. Reg. 12
 


Garnishment

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

After a 10-day waiting period from date of judgment, a creditor may, using a pre-approved state form, file for wage garnishment to be issued by the clerk of the court, and an order of garnishment is then mailed to the garnishee employer. The employer has 20 days within which to respond. If the garnishee employer fails to answer, it may be held liable to the creditor for failing to honor the garnishment; Wage garnishments create a continuous lien against a debtor’s wages, until the debt is paid.  A debtor is authorized to challenge garnished funds as exempt, and statute provides for a subsistence allowance beyond which a plaintiff cannot garnish (generally 25% of the debtor’s disposable earnings per week). Wage garnishments have priority according to the date of service upon the employer
 


Parental Responsibility

Vandalism (Unemancipated Minor under 18); Auto Liability & Owner Entrusting Vehicle to Minor (Minor Under 18)
Dollar Limit on Parents’ Liability:
   $2,500/$10,000 Vandalism
   Unlimited for Auto Liability
   Unlimited for Owner Entrusting Vehicle to Minor
Liable for willful marking/defacing of property if joined as defendant; Person liable for signing minor’s driver’s license application; Owner liable for entrusting vehicle to minor
 


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 However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in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