Med Pay Subrogation - Yes
PIP Subrogation - No
Statute of Limitations
- Statute of Repose: Products 15 years
- Statute of Repose: Real Property 10 years
- Breach of Contract (Written) 4 years
- Personal Property 2 years
- Personal Injury 2 years
- Warranty 4 years
Able to Pursue Owner
Sue Owner for Negligence – NO
Suspend Owner’s License – NO
Deductible Reimbursement
Pro Rata State
Tex. Ins. Code § 2053.203, Tex. Ins. Code § 2053.204, Tex. Ins. Code § 542.204
Garnishment
NO *
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
Wages cannot be attached or garnished, except for child support; Bank accounts, rents and royalties can be garnished; Exemptions include social security benefits; Note: For individuals living in Texas who are paid from an out of state location, there is case law to support taking a judgment from Texas, domesticating the judgment in the foreign state, then filing the wage garnishment there. Many creditors have used this strategy successfully
Parental Responsibility
Minor under 18, but at least 10
Dollar Limit on Parents’ Liability: If child’s conduct is willful or malicious, then $25,000 cap applies. Successful plaintiff also entitled to costs and reasonable attorney’s fees
Liability imposed for child’s negligent, willful, or malicious acts that causes property damage
Subrogation by Landlord's Carrier against Tenant
No, unless lease clearly states that subrogation is allowed, then you may be able to subrogate