Can I sue someone with no homeowners insurance for personal injury? 36 Answers as of July 12, 2013

How can I sue a homeowner that has no homeowner’s insurance liability for a dog bite?

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Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
You just answered your own question: they have a home. You can always sue an individual. The reason people often avoid suing an individual is that it is hard to get money from them. Many people become broke and can simply file for bankruptcy if they lose. However, since your person owns a home, you actually have property that you can attach to. You really should contact an attorney; it sounds like you have a viable claim. If you have any further questions or want someone to evaluate your case, please feel free to contact my office.
Answer Applies to: Missouri
Replied: 6/3/2011
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
They would be liable regardless of insurance and you might get a judgment. Collecting might be a problem.
Answer Applies to: North Carolina
Replied: 5/27/2011
Lyle B. Masnikoff and Associates
Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
Yes but there maybe no money to collect if there is no insurance.
Answer Applies to: Florida
Replied: 5/26/2011
Law Office of Travis Prestwich, PC
Law Office of Travis Prestwich, PC | Travis Prestwich
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.
Answer Applies to: Oregon
Replied: 5/26/2011
Richard E. Lewis, P.S.
Richard E. Lewis, P.S. | Richard Eugene Lewis
You can sue, but you are unlikely to successfully recover money. Most lawyers will not take the case under these circumstances.
Answer Applies to: Washington
Replied: 5/25/2011
    Bloom Gates Sigler & Whiteleather, LLP
    Bloom Gates Sigler & Whiteleather, LLP | Matthew Shipman
    Yes, you can still sue them. However, without any insurance you may have a hard time collecting any money.
    Answer Applies to: Indiana
    Replied: 5/25/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Whether someone has homeowners insurance or not does not change your ability to sue them - it only changes where the money comes from if you get a judgment against them. A lawsuit against a homeowner is filed exactly one against a homeowner with insurance - it only changes who pays for it.
    Answer Applies to: Colorado
    Replied: 5/25/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    The absence of insurance coverage doesn't impact the ability to sue, but it can impact the ability to recover. Stay well.
    Answer Applies to: Alabama
    Replied: 5/25/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | 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.
    Answer Applies to: New York
    Replied: 5/25/2011
    Kline Law Offices P.C.
    Kline Law Offices P.C. | Robert C. Kline Jr.
    Yes, you can sue someone that does not have homeowner's insurance. But you'll need to determine whether there are any assets to satisfy any judgment you obtain. You'll need to work with an experienced attorney who probably will hire an investigator to do an asset search.
    Answer Applies to: Oregon
    Replied: 5/25/2011
    David Hoines Law
    David Hoines Law | David Hoines
    You can, but I know of no lawyer who would take the case on a contingent basis.
    Answer Applies to: Florida
    Replied: 5/25/2011
    E. Ray Critchett, LLC
    E. Ray Critchett, LLC | Ray Critchett
    The homeowner can always be sued for their personal assets, if any.
    Answer Applies to: Ohio
    Replied: 11/6/2012
    McEldrew Law
    McEldrew Law | James J McEldrew III
    You can always sue the homeowner, however ,when there is no insurance available it makes the process a little more difficult. Whether a dog bite case is successful hinges on several issue including the vicious background of the dog the age of the victim and the circumstances surrounding the attack.
    Answer Applies to: Pennsylvania
    Replied: 5/25/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, of course. Whether the one sued has homeowner's insurance is irrelevant to your right to sue.
    Answer Applies to: Virginia
    Replied: 5/25/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    Insurance impacts collectability not liability.
    Answer Applies to: Colorado
    Replied: 5/25/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    You just sue them. That is what you would do anyway. The insurance is never named, just pays the bills.
    Answer Applies to: Alabama
    Replied: 5/25/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You can sue them and win but whether you can collect a judgment with no insurance depends on the homeowner's assets.
    Answer Applies to: Pennsylvania
    Replied: 5/25/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    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.
    Answer Applies to: Virginia
    Replied: 5/25/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Just like you sue someone in a car accident case. The real issue is do they have any money to get.
    Answer Applies to: Alabama
    Replied: 5/25/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    The simple answer is that a person can sue another person irrespective of whether or not they have insurance; however, I recommend that you consult with a local lawyer about the feasibility of such a suit. Good luck!
    Answer Applies to: Georgia
    Replied: 5/25/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    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?
    Answer Applies to: Delaware
    Replied: 5/25/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    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.
    Answer Applies to: Florida
    Replied: 5/25/2011
    West law Office
    West law Office | Russell West
    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.
    Answer Applies to: Washington
    Replied: 5/25/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    You can sue them, but it may be hard to recover money from the homeowner.
    Answer Applies to: Oregon
    Replied: 5/24/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    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.
    Answer Applies to: Oregon
    Replied: 5/24/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    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.
    Answer Applies to: California
    Replied: 5/24/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    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.
    Answer Applies to: Utah
    Replied: 5/24/2011
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    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.
    Answer Applies to: Washington
    Replied: 5/24/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    The availability of insurance only determines who pays if you recover a judgment. It should not affect your ability to bring a lawsuit or seek compensation. The practical problem is that it may be difficult to collect a judgment from the homeowner if he has no other assets. The homeowner also may refuse to enter into settlement negotiations, requiring you to take the case all the way through trial which can be time consuming. Therefore, it may be difficult to find a lawyer who will work on a contingency fee basis. There are likely lawyers in your area who will assist you even under these circumstances. You may want to try a small firm as opposed to the larger/advertising firms that may be less inclined to help you if there is no insurance. If you ask around, you should be able to find someone who is willing to help, or at least guide you through the process.
    Answer Applies to: Florida
    Replied: 2/21/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    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.
    Answer Applies to: Michigan
    Replied: 5/24/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    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.
    Answer Applies to: Florida
    Replied: 5/24/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You would have to try to obtain satisfaction of your judgment from the homeowners assets. It is doubtful there is not insurance however.
    Answer Applies to: Connecticut
    Replied: 5/24/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Do they own the home? Sue and then file a lien. Lack of insurance does not make collecting impossible, just more difficult. Levy wages?
    Answer Applies to: California
    Replied: 5/24/2011
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