QUESTION
What to do as owner of dog who nipped neighbor?
Asked on Jul 27th, 2013 on Criminal Law - North Carolina
More details to this question:
My 9 yr old pit bull nipped my neighbor. This is the first time he ever bit anyone and the nip wasn't even serious. My neighbor joked with us after and said he will not sue. He even admitted that he cm tell my dog wanted to play but didn’t know his strength and nipped him. We offered to pay medical bills (he received a tetanus shot and bandage) however he refused and said its covered by his insurance. A few weeks later we received notice that he is suing us for medical expenses and a little fence he put in his yard (which my husband assisted a little with) I do not have coverage on my home owners for my dog. However, his lawyer spoke with me and suggested I look for a new insurance provider and then put in the claim with my old insurance to see if they will cover it. I want to know exactly how much medical expenses etc they are looking for. Am I able to find out before I put the claim with my homeowners? I know they are just out for the money because I just seen a new car in their driveway. Please help me with how to handle this.
8 ANSWERS
In California you have absolute liability for the dog bite [there is no one free bite and then liability]. Your insurance carrier may very likely cancel any insurance coverage for having a pit bull dog , not just refuse to cover the dog bite. Ask the lawyer how much the medical bills are. I doubt any lawyer will be involved in handling such a minor case unless he was just hired to write one letter or is a friend of the person bitten. That they have a new car does not mean they are in it just for the money; obviously they are in it for the money as that is the only thing they can sue for. You need to contact your insurance carrier and see what would happen if you went out and bought a pit bull [do not tell them that you have already done so]. The best thing to do probably is get rid of the dog, even though you may love him bit bulls are dangerous animals, that is why there is no insurance coverage when they are involved.
Answered on Sep 12th, 2013 at 3:49 PM
Thomas Edward Gates
Do not follow the attorney's advise, it's unethical. It is interesting that an attorney would take a small case as this. He has minimal damages and no pain and suffering or lost work time. You do not have to pay for the fence since that is not a part of his injury. You need to retain an attorney, even if you have to pay him yourself. Dog bites are covered under most homeowner's insurance. One option you can consider is to file the claim and let your insurance carrier's attorneys deal with the matter.
Answered on Sep 12th, 2013 at 3:49 PM
James Eugene Hasser
In Alabama, there would be no liability for this bite, but for the next under the "two bite" rule. From what you are describing, I'm not sure you are being sued. It sounds like the lawyer is just fishing for coverage. You may want to turn the claim over to the homeowners insurance company and let them handle it. Good luck.
Answered on Sep 12th, 2013 at 3:48 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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If your homeowner's policy does not provide protection to you for a dog bite, then switching insurance companies will not solve your problem. The new insurance company will not be liable for any incident that occurred before the policy became effective. I would contact your current insurance company to see if you are covered for this incident. If you are covered, then advise your insurance company of the facts of the incident. With respect to your exposure, one needs to determine how extensive were the injuries your neighbor suffered. If the value of the claim is $10,000 or less, then it is a Small Claims Court matter. If you give any statements to anyone about the incident, make sure that you request and receive a copy of the statement.
Answered on Sep 12th, 2013 at 3:48 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You state both that you have insurance and that you don't. Then you state that you want to find out the amount of the medical expenses before you put the claim with your insurance. Looks to me that you are not letting your insurance company do its job. Keep that up and they will disclaim altogether and you may up spending more money paying a lawyer to defend you than you would have if you just paid up the medical expenses in the first place.
Answered on Sep 12th, 2013 at 3:47 PM
Michael J. Breczinski
Most home owners policies cover dogs. Put in a written claim even if the insurance agent tries to talk you out of it. That is a why to save them money.
Answered on Sep 12th, 2013 at 3:47 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Why don't you find out how serious the injury is and pay the tab.
Answered on Sep 12th, 2013 at 3:46 PM
Ronald A. Steinberg
The owner of a dog is responsible for damages due to an unprovoked attack. The fence is NOT a foreseeable damage, merely the hospital bills, and the pain and suffering. No homeowners insurance? Get a lawyer.
Answered on Sep 12th, 2013 at 3:46 PM