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 6 years
Able to Pursue Owner
Sue Owner for Negligence – NO
Suspend Owner’s License – YES
Deductible Reimbursement
Dollar One (Insured Made Whole) State (with some indication of proportionate reduction for comparative negligence) & Pro Rata State (if written consent is obtained from insured)
No applicable statute or Administrative Code provision exists; Wisconsin’s Office of the Commissioner of Insurance (OCI) advises it relies on case law to establish if the insured is entitled to the first dollar collected
Garnishment
YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
Wage garnishment actions are considered separate actions under WI statute, requiring the payment of a filing fee and issuance of the earnings garnishment notice to the employer and employee, which can be accomplished by first class mail; Upon issuance of the earnings garnishment, the garnishment will remain in effect for a period of 13 weeks. At the end of this time period, a new garnishment action must be commenced, unless the previous garnishment was voluntarily extended; typically, 20% of a debtor’s net earnings after withholding taxes and Social Security can be taken by a creditor. A debtor does have the right to assert various exemptions to the garnishment, including income below the Federal Poverty Guidelines, eligibility to receive food stamps or medical assistance, or court-ordered assignments of child support that exceed 25% of the debtor’s wages
Parental Responsibility
Minor (Under 18)
Dollar Limit on Parents’ Liability:
- $5,000 Property Damage, theft, and other tortious conduct
- $20,000 plus court costs attorney’s fees (school property)
- Unlimited for Auto Liability
- Maximum recovery for retail theft is as follows: Retail value (unless returned unused and undamaged), plus actual damages, plus exemplary damages (not to exceed two times of retail value plus actual damages, or $300 per violation);
Liability imposed for child’s damages to property, including school property; Liability imposed for child’s violation of ordinance prohibiting graffiti; Liability imposed for the value of unrecovered property that was stolen by child; Liability imposed for willful, wanton, or malicious act of child; Further, parent who signed license application for child is jointly and severally liable for child’s negligent or willful misconduct in operating the motor vehicle
Subrogation by Landlord's Carrier against Tenant
YES