Med Pay Subrogation - Yes
PIP Subrogation - No
Statute of Limitations
- Statute of Repose: Products N/A
- Statute of Repose: Real Property 10 years
- Breach of Contract (Written) 6 years
- Personal Property 3 years
- Personal Injury 3 years
- Medical Malpractice 6 months or 2 years
- Warranty 4 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)
Federal statute limits withhold up to 25% of disposable earnings per week, unless the debtor’s earnings are at or near the minimum wage, in which case, no withholding is allowed; Time limit: Garnishment writ expires 91 days after issuance. A new writ must then be issued and served; Stay of Wage Garnishment: Courts may grant the debtor an “installment payment order,” which bars wage garnishment, provided that the debtor pays as required by the order. By statute, such an order does not prevent garnishment of bank accounts or income tax refunds. Some courts nevertheless do not allow any garnishment while an installment payment order is in effect
Parental Responsibility
Unemancipated Minor (Under 18)
Dollar Limit on Parents’ Liability: $2,500
Liability imposed when child willfully or maliciously causes injury to person or damage to property
Subrogation by Landlord's Carrier against Tenant
No unless expressly allowed in commercial lease