delaneyesq
Member
- Sep 1, 2011
- 49
Thank you so much!
Any lawyers on here need help with my dog
- Thread starter hchon3
- Start date
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Thank you so much!
T-Man
Ultimate Member
The incident happened so unless you want to put the dog down your insurance will be affected.
But this is why you pay them. To cover you in situations like this.
I have done many of these cases and the best course is usually simple. Offer to pay the bills and then pass it on to the insurance company if they don’t accept.
They will then have counsel represent you who have done this type of case many times.
It may hurt your rates but it happened so that ship has sailed.
HoCoShooter
Ultimate Member
OP - I'm sorry for your situation. We have a dog who did something similar recently - her prong collar broke open on a walk (due to accidentally using our larger dog's prong collar by accident) and she rushed a chihuahua. She sometimes lunges at other dogs - afaik she believes she is protecting me but I obviously need to invest in more training with her. Luckily she did not get a bite in or I might be in your situation.
I would offer my neighbor a settlement / sell a car / take out a loan / go to court before ever putting down a dog - they are family to me. To each his own, though. Good luck.
I would offer my neighbor a settlement / sell a car / take out a loan / go to court before ever putting down a dog - they are family to me. To each his own, though. Good luck.
While I made a few points previously about why you may want to consider putting the dog down, that doesn't mean the decision is his. Also, him 'going to your insurance company' is, I think, a non-starter.
As far as I know, he has one option, to sue you and report it to animal control. That's a legal pain in the ass for both you and him, and given the advice/information put forward in this thread, I concur that he probably won't get anything more than the cost of covering his vet bills, and legal fees.
Your decision on that is more about how much of a decent relationship you want to have with him in the future and how much hassle you are willing to deal with.
As far as putting the dog down, that's more related to future liability than anything, and only you can be a judge of that. It took me five years to come to that determination with my dog, so I can certainly understand not doing it. Just be aware of the risk/liability.
As far as I know, he has one option, to sue you and report it to animal control. That's a legal pain in the ass for both you and him, and given the advice/information put forward in this thread, I concur that he probably won't get anything more than the cost of covering his vet bills, and legal fees.
Your decision on that is more about how much of a decent relationship you want to have with him in the future and how much hassle you are willing to deal with.
As far as putting the dog down, that's more related to future liability than anything, and only you can be a judge of that. It took me five years to come to that determination with my dog, so I can certainly understand not doing it. Just be aware of the risk/liability.
FYI - the reason on the above is that I don't think either his or your home owner's insurance company are going to feel obligated to do squat.
I'm with HoCoShooter - s**t happens, your neighbor needs to realize it.
Let him go through the insurance company, don't put your dog down. If your dog was such a terror, ok, I could see putting him down, but first bite? Nah.
Not quite related, but my dog has bit me twice - once when I tried to hold him after a long car ride - oops, my bad, and the second time was when I was trying to restrain him when he went after a dog we were fostering. Both times he got swift reactions, and even in the most stressful of situations, he'll spin his head around like he's going to bite, and he stops short. He knows.
The point is, I still didn't put him down. I realized what causes the behavior and I manage the situation. You had an oops, and now you have more information and you'll get better equipment and it won't happen again. Problem solved, as I see it.
-John
Fishguy
Ultimate Member
You offered to do the right thing. He refused. I would tell him to pound sand now and ignore him. I also think it is probably time for you to talk to a lawyer to be safe.
Can't help with your question, but I applaud you for being stand-up about this.
Sounds like your neighbor is a superior asshat, and I don't know that I wouldn't pay the vet bill, and then exact some petty revenge later on.
I hope things work out for you as best they can.
I'm inclined to say no. This isn't a motor vehicle accident. Your insurance company works for you, and it's up to you whether and how to get them involved. Perhaps ask the guy what his actual concerns are - is he afraid your check for the actual damages will bounce or something? Not implying such, of course, but asking a question like that will require him to explain what exactly he thinks he's trying to achieve. Likely HE hasn't had any viable legal advice that would remind him that only the actual cost of the damages (the vet bill) is on the table, here.
Since he's offering one solution (or so he thinks) that DOESN'T involve putting the dog down, his concern can't be the ongoing existence of the dog living next door. That means he's all about the money, and think he'll get more than the actual damages by being a nuisance to your insurance company. Don't reward that adventurism on his part. Call him on what his actual motivations are, since they obviously aren't about the dog in real terms.
- Sep 5, 2016
- 778
I'm not an attorney and correct me if I'm wrong but the dark horse here is the owner and neighbors are now on notice that the dog is considered "dangerous".
HO insurance companies blacklist dangerous breeds and even pit-bull-friendly insurers don't write policies if there is a history of biting. If an insurance policy is in place, renewals require disclosure of these incidents. Failure to disclose would likely trigger a denial of any future dog bite claim. If there is an insurance claim for a dog bite, an investigation is triggered for information at city and county animal control departments and neighbors are contacted for any past incidents. I doubt the owner could deny they have knowledge the dog is "dangerous".
Going forward, if there's another incident and the dog bites a person, the owner is financially exposed and could be criminally charged.
Hell no. They aren't going to do squat, and its only going to be a mark against you. I doubt your homeowners even covers this. This is liability, and as I said before, when I inquired about liability and mentioned dogs , the first thing the guy said (nationwide) was that it did not cover liability for your dog.
He needs to win a verdict against you to get anything. I seriously doubt that he's going to decide that its worth his while, unless he's stupid. Even if he does and wins, my understanding (based on the dog=property comments) is that your responsibility will be limited to vet bills and his legal fees.
If you pay for his vet bill, make sure that it is well documented. Get the bill, mark the check, etc.
Be responsible for the dog, but don't roll over for this guy just because he thinks he has you over a barrel. He doesn't.
ROBAR35
Living the farm life
Just found this thread and read through. OP it appears to me you have been more than accommodating to an A- Hole neighbor. I think other members have answered the legal questions. From the dog stand point ( I work and help train potentially aggressive dogs) be prepared for a visit from animal control. Each county handles things a little differently but be proactive vs. reactive in this situation meaning an anonymous call to them laying out the situation and ask for feed back. DO NOT BE PUSHED INTO PUTTING YOUR DOG DOWN
Send him a certified letter telling him you are willing to pay the vet bills. PERIOD!!! Say nothing about putting your dog down. Do you know what vet he is using? Get an approximate cost of his bill and query your insurance company about “what if” they get a claim for that amount. Call his bluff! Do you really want to put your dog down?
Did you say here was a police report or not? If so then provide your insurance company a copy and tell them their may be a claim. Have it on record as to what the damages are. Don’t cave to an a**hole.
5.56blaster
Ultimate Member
As a former K9 guy I can tell you, that thing around your dogs neck is not a necklace. It needs to be tight! If he's breathing and his eyes aren't bugging out he's fine. Being a shared driveway means your both authorized to be on it. Shared property? Was it still on his yard? IANAL but maybe worth asking. Good luck!
5.56blaster
Ultimate Member
As far as putting the dog down tell him to go F@$k himself.
