Insurance question N/A

[Swampfox201]

We live out in the country but along a state highway. A couple weeks ago our dog (a blue heeler) was hit and killed by motorcycle by our house on the highway. We were very lucky in that the motorcycle driver kept it upright and was not injured.

Today we get a letter from his insurance company saying they paid him for his bike repairs and now felt it proper to demand the $1600 back from us because our dog caused the damage.

I'm interested to hear some opinions. I agree our dog caused the damage but do you think we should be held liable? The dog liked to run in the yard but I never saw him cross the road. He must of had a stupid attack. Do all dog owners need to pen/chain up their dogs all the time or risk getting sued? Not sure if this should make a difference but our nearest neighbor is 1/2 mile away.

Have at it.

 

[AggieMike88]

Turn this over to your insurance agent/carrier and let them fight it for you. That's part of what your premium pays for.

 

[Luvrv8]

You will be held liable for the damage. Your home owners insurance might cover this. My wife is a insurance agent and she sees claims paying out on claims like this often.

 

[murphey]

counter sue for pain and suffering of losing your dog. my dog is a member of the family. a funny looking member, but still a member. was the cyclist driving too fast that he couldn't see and avoid the dog?

i'm on the side of the dog. perhaps right now because close friends just lost their dog of 16 years.

 

[Swampfox201]

Turn this over to your insurance agent/carrier and let them fight it for you. That's part of what your premium pays for.

Done and I'm sure they will take care of it.


Sent from my iPhone using Tapatalk

 

[Swampfox201]

counter sue for pain and suffering of losing your dog. my dog is a member of the family. a funny looking member, but still a member. was the cyclist driving too fast that he couldn't see and avoid the dog?



i'm on the side of the dog. perhaps right now because close friends just lost their dog of 16 years.

I didn't see it happen but the speed limit is 60mph. I'm sure the dog darted out in front of him. Everyone out here has hit deer, dogs etc.

The dog was a stray we took in 6 months ago but we had become attached to him. First thing the biker said as I walked up to my dead dog was "who's going to pay for my bike".


Sent from my iPhone using Tapatalk

 

[dans2992]

What an ass.

 

[Lawreston]

I didn't see it happen but the speed limit is 60mph. I'm sure the dog darted out in front of him. Everyone out here has hit deer, dogs etc.

The dog was a stray we took in 6 months ago but we had become attached to him. First thing the biker said as I walked up to my dead dog was "who's going to pay for my bike".


Sent from my iPhone using Tapatalk

Though not in these words, I'd tell him to pound sand. Could he guarantee/prove that he had his machine under full control. See and avoid applies to more than aviation pilots. This from a 55-year experienced motorcycle owner/rider. However, I'd pass it to your insurance agent to express the above logic to the claimant, he having the experience in dealing with such litigation.

HR

 

[Luvrv8]

I agree he was an ass for saying that. I ride too, my thoughts are I am OK, let the insurance companies deal with the rest. I would never say that to a pet owner as I look at their dead "Family Member". Plenty of time after the day to deal with that crap.

I did hit a dog one time with my truck and it died in my arms as I waited for animal control to come get him. I was sick. The police asked about the damage on my truck, I said about $50 for a new fog lamp lens. The cop said the dog owners would be liable for the cost. I asked the cop to put no damage on the report as I looked over to see young kids crying over the loss of their dog.

 

[N747JB]

I didn't see it happen but the speed limit is 60mph. I'm sure the dog darted out in front of him. Everyone out here has hit deer, dogs etc.

The dog was a stray we took in 6 months ago but we had become attached to him. First thing the biker said as I walked up to my dead dog was "who's going to pay for my bike".


Sent from my iPhone using Tapatalk

The asshat on the bike is lucky you're a nice guy, a lot folks might have stomped his dumbass in the ground!
Sorry for the loss of your dog, as others have said, it's the animal owner's responsibility for damages caused to vehicles.

 

[jhausch]

I am a dog lover. We, wife and I, have two rescues. I hit a dog at night on a country road. Killed instantly. I felt horrible. Read the tag. Went to the nearby farm house. Little girl answered the door. I asked for the dad. Told him what happened. His reply, "that one has been living a little dangerously lately..."

Damage to the small car: cracked the bumper cover enough that it had to be partially cut off. Broke a fog lamp. About 2k to repair as I recall.

Gave farmers address to my insurance company. He submitted to his home owners policy. They paid. I still drive by that farm regularly, just a bit below the speed limit now...

Sometimes it is only the specter of financial loss that encourages the right behavior.

One of our dogs tangled with a lady walking her dogs (no injury, just a lot of sound and fury). I walked to their house after the incident, apologized to her and her husband. They were rightly angry, and i asked if anyone needed a doctor or vet. I stood there while he unloaded on me, I apologized again, then left.

The thought of something serious happening or her calling animal control really came into focus that instant. We stopped putting of the fence project the next day. It was done one week later. That fence and the dog door were two of the best home improvements we ever made. Cheaper than a lawsuit and practically free when compared to losing a dog.

How would you feel if the biker took a spill and was seriously injured? I think the biker carries SOME responsibility, but the dog owner carries most. I do agree his initial response was crappy, though. Some folks are just asshats.

 

[FastEddieB]

Sorry about your loss.

But an unrestrained dog is always at risk with roads nearby. Puts others at risk, both physically and emotionally, and that needs to be considered.

We have leash laws in Fannin County, GA. Largely ignored. I used to let Jake and Sugar roam, until one day Sugar did not come home. Decided then it was just too risky.

I've run over two dogs in my 8 years here. Seen dozens, maybe a hundred more.

Most recently, on Christmas day last year, a puppy that ran out from a home on a dirt road near my house - a shortcut to and from the airport.

Literally ran under the car from the side. No time to react. One of the rear wheels got it.

Owner, a girl, ran out, quite distressed. Friends of hers started threatening us, accusing us of speeding down their dirt road (we weren't). Had to drive off to avoid confrontation. Notified the police, since we did not want to be accused of hit and run. They took our info but said no report was necessary unless the owner called. I have to assume they didn't, since we never heard back.

I no longer take that shortcut, and every time I drive by that road I'm reminded of that day.

 

[wsuffa]

Standard process for insurance companies.

A friend's wife was helping him construct a patio. In the process, she fell and broke her arm.

Got a letter from the health insurer demanding details on the ownership of the house, what work was being done, what other insurance was for the property, who the co-owners were, whether a contractor was involved (and whether worker's comp insurance was in place). Outright stated that this appeared to be a work-related injury and therefore it was their judgment that perhaps the homeowner was liable.

 

[JoseCuervo]

Sorry for the loss of your dog, as others have said, it's the animal owner's responsibility for damages caused to vehicles.

Not if you hit a cow on Open Range in the west.

Driver's responsibility to not make ground beef on the highway.

(Question trips up a bunch of test applicants at the local DMC).

 

[Swampfox201]

Not if you hit a cow on Open Range in the west.

Driver's responsibility to not make ground beef on the highway.

(Question trips up a bunch of test applicants at the local DMC).

Cows are what concern me the most as we calve out 150 head right next to our house and right by the highway. Do my best to keep that fence in top notch shape.

Wonder what would happen if a storm came up in the middle of the night, blew down a tree on the fence, cows got out and caused an accident. It's stuff like that that worries me.



Sent from my iPhone using Tapatalk

 

[Swampfox201]

Cows are what concern me the most as we calve out 150 head right next to our house and right by the highway. Do my best to keep that fence in top notch shape.

Wonder what would happen if a storm came up in the middle of the night, blew down a tree on the fence, cows got out and caused an accident. It's stuff like that that worries me.



Sent from my iPhone using Tapatalk

Insurance agent just stopped by. He said Ne has open range law so as long as my cows are not getting out on a regular basis I'm not liable if something happens.


Sent from my iPhone using Tapatalk

 

[Tex_Mike]

Insurance agent just stopped by. He said Ne has open range law so as long as my cows are not getting out on a regular basis I'm not liable if something happens.


Sent from my iPhone using Tapatalk

The open range laws vary by county here in Texas. I looked into it a few years ago when I bought my first bovine and one of them promptly escaped. Basically Texas is open range but each county can pass a law restricting it if they so desire. Property owners have the responsibility for keeping cows owned by others off their property not keeping them in.

No worries about the escaped cow. He turned into a nice BBQ (many actually)!

 

[OkieFlyer]

This is all pretty strage to me. I've hit a number of animals and had a few of my pets hit over the years. Never even thought of holding a pet owner liable, nor has anyone tried to make me liable. I think dogs have feelings and can do neat tricks, and they can feel like family, but for the most part, they are dumbasses. Dogs have been chasing cars since their invention and sometimes get splattered or ding a fender. Sh*t happens. Of course I'm from the country where the pets are free to roam and aren't fenced in. An pet attacking another pet usually results in the attacker expiring from bullet wounds if the attacked gets significantly wounded from the fight. If it's just a typical doggie squabble, no biggie. However, there seems to be a growing population of kooks that are convinced their pets are human beings, so there are more pet related legal issues these days.

 

[Pilawt]

The asshat on the bike is lucky you're a nice guy, a lot folks might have stomped his dumbass in the ground!
Sorry for the loss of your dog, as others have said, it's the animal owner's responsibility for damages caused to vehicles.

It's not the motorcycle rider making the claim against you. He just made the claim to his own insurance company to get the bike fixed. It's the insurance company making the claim against you, trying to get its money back. The insured motorcycle rider has no legal say-so to keep his company from doing that. If the insurance company does get its money back, then the motorcycle owner gets his deductible refunded.

Yes, your insurance company has the obligation to defend you. Let the companies duke it out. You'd be amazed how many frivolous claims and defenses are made by the big insurance companies, not individual claimants.

My rule of thumb is, the funnier the TV commercials, the worse the company.

 

[Swampfox201]

It's not the motorcycle rider making the claim against you. He just made the claim to his own insurance company to get the bike fixed. It's the insurance company making the claim against you, trying to get its money back. The insured motorcycle rider has no legal say-so to keep his company from doing that. If the insurance company does get its money back, then the motorcycle owner gets his deductible refunded.



Yes, your insurance company has the obligation to defend you. Let the companies duke it out. You'd be amazed how many frivolous claims and defenses are made by the big insurance companies, not individual claimants.



My rule of thumb is, the funnier the TV commercials, the worse the company.

That's the way it looks like it's going. Meeting with adjuster next week. Will have all the vet bills I've had with the dog since we got him in an effort to show I had a loss also.


Sent from my iPhone using Tapatalk

 

[jhausch]

This is all pretty strage to me. I've hit a number of animals and had a few of my pets hit over the years. Never even thought of holding a pet owner liable, nor has anyone tried to make me liable. I think dogs have feelings and can do neat tricks, and they can feel like family, but for the most part, they are dumbasses. Dogs have been chasing cars since their invention and sometimes get splattered or ding a fender. Sh*t happens. Of course I'm from the country where the pets are free to roam and aren't fenced in. An pet attacking another pet usually results in the attacker expiring from bullet wounds if the attacked gets significantly wounded from the fight. If it's just a typical doggie squabble, no biggie. However, there seems to be a growing population of kooks that are convinced their pets are human beings, so there are more pet related legal issues these days.

Fair enough. If you were on a expensive motorcycle, maybe with your kid/gf/wife on back, and a dog caused you to crash, what should happen?

 

[N747JB]

I'd probably skip taking the vet bills, they aren't really material to the situation. (Not a lawyer) Are you meeting with the adjuster from your insurance company or the asshat's? I don't think it would be wise to meet or communicate with the other party, I'd let my homeowners handle it, that's what they get paid for and it keeps emotions out of the equation.
It's like all the threads about dealing with the FAA, it's usually best to say the least.
Again, sorry for your loss, just make sure you don't make it worse by getting emotional and making statements that can and will be recorded and twisted against you.

That's the way it looks like it's going. Meeting with adjuster next week. Will have all the vet bills I've had with the dog since we got him in an effort to show I had a loss also.


Sent from my iPhone using Tapatalk

 

[Swampfox201]

I'd probably skip taking the vet bills, they aren't really material to the situation. (Not a lawyer) Are you meeting with the adjuster from your insurance company or the asshat's? I don't think it would be wise to meet or communicate with the other party, I'd let my homeowners handle it, that's what they get paid for and it keeps emotions out of the equation.

It's like all the threads about dealing with the FAA, it's usually best to say the least.

Again, sorry for your loss, just make sure you don't make it worse by getting emotional and making statements that can and will be recorded and twisted against you.

Thanks. It's an adjuster from my company.


Sent from my iPhone using Tapatalk

 

[Swampfox201]

Fair enough. If you were on a expensive motorcycle, maybe with your kid/gf/wife on back, and a dog caused you to crash, what should happen?

That's a good point. I can see it from both sides....I really can. I just wonder if in this day and age an accident is ever just an accident.


Sent from my iPhone using Tapatalk

 

[N747JB]

Many folks see an accident as a winning lottery ticket!
One of my son's friends wrecked his truck (speeding) killed another one of their friends, a passenger. The parents held no hard feelings to the driver or his family. They realized that it could have been any of the boys driving and it was just a horrible accident, but they did still collect the maximum insurance payout. Won't bring their son back, but they now have a nifty beach house.

That's a good point. I can see it from both sides....I really can. I just wonder if in this day and age an accident is ever just an accident.


Sent from my iPhone using Tapatalk

 

[OkieFlyer]

Fair enough. If you were on a expensive motorcycle, maybe with your kid/gf/wife on back, and a dog caused you to crash, what should happen?

This might sound goofy to you, but in my opinion, my insurance should take care of me. As a driver, I assume the risk of driving on public highways, and an incident involving wildlife or any other animal that may be present should be covered by the insurance I pay for to protect me. I could not see fit to blame a person for an animal getting into the road. Who's insurance pays if I hit a deer, coyote, buzzard, etc? I see little difference in wildlife and pets. Just because somebody feeds and plays with a dog, doesn't make it much different than any other animal that may cross the road at any time. That's just my opinion. I don't feel the need to blame or hold someone liable for animals in the road, assuming the owner isn't throwing the fetch ball across the road

Personally, I usually just carry liability insurance on my paid off rides, so I take the risk of not getting diddly squat if I suffer damage from hitting an animal. I'm okay with that since I don't drive really nice cars.

Didn't mean to sound confrontational. I guess I'm the oddball on this one.

 

[Pilawt]

This might sound goofy to you, but in my opinion, my insurance should take care of me.

Ah, but insurance companies are in the business of collecting premiums, not paying claims.

Virtually all casualty policies have subrogation clauses. They say that if your insurance company pays you for a covered loss, they can turn around and try to get the money back from anyone that they think they can prove is at fault for the loss in the first place, and then collecting on it. And the "cooperation clause" in the policy's fine print says you have no right to say anything about their doing it; in fact, you have to participate in any legal proceeding necessary to help them to pursue the money.

 

[jhausch]

What Jeff (Pilawt) said....

 

[dans2992]

Many folks see an accident as a winning lottery ticket!

One of my son's friends wrecked his truck (speeding) killed another one of their friends, a passenger. The parents held no hard feelings to the driver or his family. They realized that it could have been any of the boys driving and it was just a horrible accident, but they did still collect the maximum insurance payout. Won't bring their son back, but they now have a nifty beach house.

Did they decide to stop short of pursuing assets of the driver's parents? Did they initiate the suit themselves, or was it their insurance company?