Med Pay Subrogation - Yes
PIP Subrogation - No
Statute of Limitations
- Statute of Repose: Products 12 years
- Statute of Repose: Real Property 10 years
- Breach of Contract (Written) 5 years
- Personal Property 4 years
- Personal Injury 4 years
- Wrongful Death 2 years
- Medical Malpractice 2 years
- Warranty 4 years
- Breach of Express Warranty 5 years
Able to Pursue Owner
Sue Owner for Negligence – YES
Suspend Owner’s License – YES
Deductible Reimbursement
Pro Rata State
Automobile insurer will not be held to have violated made-whole doctrine where it returns to its contributorily negligent insured a properly calculated pro rated portion of insured’s collision deductible after recovery in subrogation action
Garnishment
YES*
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
Very strict procedures for garnishment: Florida Statutes §222.11 offers a significant exemption to wage garnishment known as the “head of family” exemption. The judgment creditor is required to serve a notice of rights to the defendant upon receipt of the employees answer with a form for the defendant to fill out to claim exemptions
Parental Responsibility
Minor (Under 18)
Dollar Limit on Parents’ Liability
- No Limits for Auto
- Actual Damages/No Limits for Vandalism
Liable for willful destruction or theft of property; Person verifying driver’s license jointly and severally liable
Subrogation by Landlord's Carrier against Tenant
Not clear, look to lease