Med Pay Subrogation - Yes
PIP Subrogation - No
Statute of Limitations
- Statute of Repose: Products 10 years
- Statute of Repose: Real Property 6 years
- Breach of Contract (Written) 3 years
- Personal Property 3 years
- Personal Injury 3 years
- Wrongful Death 2 years
- Warranty 3 or 4 years
Able to Pursue Owner
Sue Owner for Negligence – NO
Suspend Owner’s License – YES
Deductible Reimbursement
Dollar One (Insured Made Whole) State
Insurer is required to pay the deductible first out of any subrogation recovery absent some alternate agreement
Garnishment
YES*
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
Unless the debtor has substantial funds on deposit and no family dependent on those funds for support, garnishment or wages is not generally helpful in collecting other claims except: 1. To enforce an order for child support, 2. To recover unpaid taxes, and 3. To enforce a judgment for payment of medical services provided by a “public” hospital; The debtor’s earnings for personal services within 60 days prior to the order cannot be applied to the debt if it appears that the earnings are necessary for the use of the debtor’s family. Further, future earnings have been excluded from the scope of execution
Parental Responsibility
Minor (Under 18)
Dollar Limit on Parents’ Liability: $2,000
Liability imposed when child willfully or maliciously injures person or property
Subrogation by Landlord's Carrier against Tenant
YES