Med Pay Subrogation - Yes
PIP Subrogation - No
Statute of Limitations
|
Statute of Repose: Products
|
12 years
|
|
Statute of Repose: Real Property
|
15 years
|
|
Breach of Contract (Written)
|
5 years
|
|
Personal Property
|
4 years
|
|
Personal Injury
|
4 years
|
| Wrongful Death |
2 years |
| Medical Malpractice |
2 years |
|
Warranty
|
4 years
|
| Breach of Express Warranty |
5 years |
ABLE TO PURSUE OWNER
Sue Owner for Negligence - YES
Suspend Owner's License - YES
Deductible Reimbursement
Pro Rata State
Automobile insurer will not be held to have violated made-whole doctrine where it returns to its contributorily negligent insured a properly calculated pro rated portion of insured’s collision deductible after recovery in subrogation action
Garnishment
YES*
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
Very strict procedures for garnishment: Florida Statutes §222.11 offers a significant exemption to wage garnishment known as the “head of family” exemption. The judgment creditor is required to serve a notice of rights to the defendant upon receipt of the employees answer with a form for the defendant to fill out to claim exemptions
Parental Responsibility
Minor (Under 18)
Dollar Limit on Parents’ Liability
No Limits for Auto
Actual Damages/No Limits for Vandalism
Liable for willful destruction or theft of property; Person verifying driver’s license jointly and severally liable
Subrogation by Landlord's Carrier against Tenant
Not clear, look to lease