Med Pay Subrogation - Yes
PIP Subrogation - No
Statute of Limitations
- Statute of Repose: Products N/A
- Statute of Repose: Real Property 6 years
- Breach of Contract (Written) 6 years
- Personal Property 3 years
- Personal Injury 3 years
- Warranty 3 years
Able to Pursue Owner
Sue Owner for Negligence – YES
Suspend Owner’s License – YES
Deductible Reimbursement
Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists
Garnishment
YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
Wage attachments may be obtained by bringing an action for trustee process, based on judgment only, usually after unsuccessful supplementary process proceedings; After service of the trustee process complaint upon the debtor, the creditor must proceed by way of motion for permission to make the wage attachment. Writs are ordinarily returnable to Court within thirty (30) days and must be served on each payday by an officer; The writ commands the employer to withhold the wages, pending further order of the court. The employer must file an Answer with the court under oath regarding each service of the writ of attachment, specifying what, if anything, the employer has withheld from the wages of the debtor; After the creditor has attached all that he is able to, he must then return to the court, with notice to the debtor, with a motion to “charge the trustee”. After a ten-day appeal period, the Clerk’s Office will issue a trustee execution, which must be served on the employer-trustee by an officer. The execution directs the employer to hand the withheld funds over to the officer
Parental Responsibility
Minor between 7 and 18
Dollar Limit on Parents’ Liability: $5,000
Liability imposed for minor’s willful act that causes injury to person or damage to property
Subrogation by Landlord's Carrier against Tenant
No for residential lease
Yes for commercial lease if clearly allowed in lease