What to do if a condo HOA hired an uninsured contractor who caused overspray damage to 13 vehicles but the HOA insurer says that the HOA is not liable?

Asked on February 8, 2015 under Real Estate Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) You can sue the contractor--the fact they are uninsured does not mean that they can't be sued or wouldn't have to pay; it just means that they don't have insurance to pay for them and would have to pay out of their own pocket. If the contractor is not an LLC or corporation, you could sue the owner(s) personally as well.

2) You could sue the individual workers who negligently (carelessly) damaged the vehicle--they may well not have money to pay, unfortunately, but legally they could be liable.

3) You may be able to sue the HOA not because they are necessarily liable for the actions of an independent contractor, but because they may have been negligent (unreasonably careless) in selecting an uninsured contractor (and possibly unlicensed as well?) to do this work.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.