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Virginia

Negligence Doctrine: Pure Contributory Negligence

Circuit # 4

Med Pay Subrogation - No

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 5 years
Breach of Contract (Written) 5 years
Personal Property 5 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

Pro Rata State
14 Va. Admin. Code § 5-400-80
 


Garnishment

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

Virginia uses the federal wage exemption; The maximum part of disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed the lesser of: 1. 25% of disposable earnings for that week, or 2. The amount by which his disposable earnings for that week exceed 30 times the federal minimum wage
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $2,500
Liability imposed when child willfully or maliciously damages or destroys public or private property
 


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 However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in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