Negligence Doctrine: Modified Comparative Negligence – 50 Percent Bar
Circuit # 11

>Photo of Georgia

Med Pay Subrogation - Yes
PIP Subrogation - No

Statute of Limitations

  • Statute of Repose: Products 10 years
  • Statute of Repose: Real Property 8 years
  • Breach of Contract (Written) 6 years
  • Personal Property 4 years
  • Personal Injury 2 years
  • Warranty 4 years

Able to Pursue Owner

Sue Owner for Negligence – YES
Suspend Owner’s License – YES

Deductible Reimbursement

Dollar One (Insured Made Whole) State (Policy Language may Control) & Undecided/Pro Rata Default (Policy Language may Control)

No applicable statute, Administrative Code provision or case law exists; Georgia’s Department of Insurance takes the position that the policyholder should come first, but good customer service and insurance contract dictate


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

The maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment may not exceed the lesser of 25% of his disposable earnings for that week or the amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage.  For earnings for a period other than a week, a multiple of the federal minimum hourly wage equivalent in effect shall be used

Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $10,000 plus costs
Liable for medical expenses or property damage caused by willful or malicious act of 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 However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in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.