QUESTION
Can I sue someone with no homeowners insurance for personal injury?
Asked on May 22nd, 2011 on Personal Injury - Oregon
More details to this question:
How can I sue a homeowner that has no homeowner’s insurance liability for a dog bite?
17 ANSWERS
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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The homeowner can always be sued for their personal assets, if any.
Answered on Nov 06th, 2012 at 11:20 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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They would be liable regardless of insurance and you might get a judgment. Collecting might be a problem.
Answered on May 27th, 2011 at 8:40 AM
Workers Compensation Attorney serving West Palm Beach, FL
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Yes but there maybe no money to collect if there is no insurance.
Answered on May 26th, 2011 at 12:47 PM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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Whether a person has homeowners or not does not determine whether you can bring a claim or file suit. However, if they do not have homeowners, it probably is impractical to do so since there likely is no money to pay you.
Answered on May 26th, 2011 at 12:19 PM
New User
You can sue, but you are unlikely to successfully recover money. Most lawyers will not take the case under these circumstances.
Answered on May 25th, 2011 at 10:56 AM
Theodore W. Robinson
Yes, you sue them the same way you sue anyone else, the difference is they will have to hire their own lawyer to represent them and they don't have an insurance policy to pay you if and when you win. As a result, you'll have to collect directly from them and you'll have to find an attorney who will take the case when there's no insurance policy to draw upon. Good luck.
Answered on May 25th, 2011 at 10:30 AM
There is always a legal remedy, even without homeowner's insurance. The big question is collecting a judgment if one is obtained. If the homeowner is truly a homeowner, a judgment against the homeowner is probably collectible if there is some equity in the house. However, the judgment would have to against all the homeowners listed on the deed. In this case, you may want to consult an experienced injury attorney to make sure that you end with a recovery.
Answered on May 25th, 2011 at 9:44 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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The same way you sue someone for a dog bite without homeowner's insurance; the difference is that when you get a judgment you may have difficulty collecting on it rather than just getting a check from the insurance company.
Answered on May 25th, 2011 at 9:38 AM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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You can still sue. But there will be no insurance to pay any judgment you may get, but the owners are still liable to pay. The problem will be: can you collect on the judgment?
Answered on May 25th, 2011 at 9:38 AM
You can sue a homeowner if they do not have insurance. The problem may be collecting money from a judgement if they don't have any. To initiate a suit you need to file a summons and complaint and have this served to the defendant. This will start the process.
Answered on May 25th, 2011 at 9:31 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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You sue them normally, there is just no insurance to defend them and cover the loss. If they are collectible, I would be interested in looking at the case. Call me to discuss.
Answered on May 24th, 2011 at 2:30 PM
You could sue them the same as you'd sue anyone else, by filing a complaint in district court. However, if they do not have insurance or any significant assets, you may not be able to recover any money if your suit is successful.
Answered on May 24th, 2011 at 2:28 PM
Civil Practice Attorney serving Redmond, WA
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Magnuson Lowell P.S.
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You can sue someone who has no homeowners insurance. The challenge will be collecting on a judgment - once you have a judgment against the individual. Fortunately, a judgment against a homeowner acts as an automatic lien against the homeowner's real property in the county in which the judgment exists. So they won't be able to re-fi their home, or sell it; without paying off the judgment plus interest.
Answered on May 24th, 2011 at 2:24 PM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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Yes, but you are then going after the individual and his or her assets. It's more difficult simply because they're not likely to have the necessary assets if they don't have the basic homeowner's insurance coverage.
Answered on May 24th, 2011 at 2:24 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You have the right to sue anyone that is responsible for causing harm. Having insurance is for his protection, not necessarily yours, although you would benefit if he did have insurance. However, to be sure the hassle of a claim or lawsuit is worthwhile, you should ascertain if the dog owner has a job, any assets, etc. If there is no basis to collect, it will be difficult to find an attorney willing to take your case on a contingency basis.
Answered on May 24th, 2011 at 11:29 AM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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Insurance coverage does not prevent a law suit, but actually encourages lawsuits because you may believe there is money to be paid from the insurance company. The issue in suing the uninsured homeowner is the fact that even if you are successful in your lawsuit, how are you going to collect. Unless the person has equity in a house or other substantial assets, uninsured homeowners are not good targets for lawsuits.
Answered on May 24th, 2011 at 11:28 AM
You can sue them, but it may be hard to recover money from the homeowner.
Answered on May 24th, 2011 at 11:13 AM