What is the name of your state? Iowa
I am a nursing student and was on my way to clinical one morning @ 6:15 am and our neighbors dog came out of the ditch and I hit the dog even though I swerved and braked trying to miss it. Being that I am in a strict school, I cannot be late for hospital days or they put students on probation. Not wanting to get put on probation, I immediately called my husband and told him to call our neighbors and explain that I hit their dog and that I'm really sorry. I was extremely upset and was even crying when I got to the hospital. No one ever wants to hit someones pet!
My husband called the neighbor and explained and the neighbor said, "Really? Huh, didn't seem to phase the dog. I just came in the house and he was laying in they yard. I even petted him when I came in." My husband and him talked a while and that was that. We were both relieved that the dog seemed to be ok even though I was in disbelief because I know that I hit that dog hard. I watched the dog roll across the road in my side mirror. I truly thought I had killed it. The dog is approx. 20lbs, stands about 12 - 16 inches off the ground.
I get home that evening and my husband sees the van and the front end has a hole in it where the dogs head hit. On Grand Caravans the fronts are made basically of plastic. He calls up our neighbors and we told them about the damage. We told them that we need to get it fixed and we would even split the cost of fixing the van even though we really didn't have to. (We didn't want to make any enemies, they're our neighbors after all.) They said that they don't believe that I hit the dog. They said - "She could have hit a really big rabbit." I am just shocked that they really think that I would make up a lie about hitting their dog. We've known each other a long time and I would never ever do that to someone. And I know that I hit their dog for sure. There is no way it could have been another animal.
They called us the next day with their household insurance company's number and we got a hold of the insurance company. The insurance company denied the claim stating that their client told them they had the dog in the house and there is no way that I hit the dog because it wasn't outside.
Now, if we are going to get them to pay for it, we will have to take them to court. I know that a dog owner is responsible for damages if their dog is the cause, including a dog that gets hit. This happened on the outskirts of town within city limits and there is a leash law. I have a few of this dogs hairs that I took off of my front end of the van.
My question is this. If I take them to court, I want to be sure to win. I know that DNA tests aren't that much anymore. AkC requires every pup born now to get tested and that only costs $100-150 and human DNA tests only cost $400-450 now. A DNA test is cheaper than my car insurance deductable. It would be cheaper for us to get a DNA test done and take them to court than it would to turn it into our insurance company. How do I legally get a sample of their dogs hair to test against the hair I have? I think this is a small claims case, is it necessary even? How else would I prove to a judge that their dog caused the damage to the van? IF I don't have this proof, wouldn't it be my word against theirs? Keep in mind, no one can believe that this dog didn't get hurt or die when this happened. Including me.
I don't know what to do. At this point, neighbors or not, I don't care because they are being jerks about this deal.
I am a nursing student and was on my way to clinical one morning @ 6:15 am and our neighbors dog came out of the ditch and I hit the dog even though I swerved and braked trying to miss it. Being that I am in a strict school, I cannot be late for hospital days or they put students on probation. Not wanting to get put on probation, I immediately called my husband and told him to call our neighbors and explain that I hit their dog and that I'm really sorry. I was extremely upset and was even crying when I got to the hospital. No one ever wants to hit someones pet!
My husband called the neighbor and explained and the neighbor said, "Really? Huh, didn't seem to phase the dog. I just came in the house and he was laying in they yard. I even petted him when I came in." My husband and him talked a while and that was that. We were both relieved that the dog seemed to be ok even though I was in disbelief because I know that I hit that dog hard. I watched the dog roll across the road in my side mirror. I truly thought I had killed it. The dog is approx. 20lbs, stands about 12 - 16 inches off the ground.
I get home that evening and my husband sees the van and the front end has a hole in it where the dogs head hit. On Grand Caravans the fronts are made basically of plastic. He calls up our neighbors and we told them about the damage. We told them that we need to get it fixed and we would even split the cost of fixing the van even though we really didn't have to. (We didn't want to make any enemies, they're our neighbors after all.) They said that they don't believe that I hit the dog. They said - "She could have hit a really big rabbit." I am just shocked that they really think that I would make up a lie about hitting their dog. We've known each other a long time and I would never ever do that to someone. And I know that I hit their dog for sure. There is no way it could have been another animal.
They called us the next day with their household insurance company's number and we got a hold of the insurance company. The insurance company denied the claim stating that their client told them they had the dog in the house and there is no way that I hit the dog because it wasn't outside.
Now, if we are going to get them to pay for it, we will have to take them to court. I know that a dog owner is responsible for damages if their dog is the cause, including a dog that gets hit. This happened on the outskirts of town within city limits and there is a leash law. I have a few of this dogs hairs that I took off of my front end of the van.
My question is this. If I take them to court, I want to be sure to win. I know that DNA tests aren't that much anymore. AkC requires every pup born now to get tested and that only costs $100-150 and human DNA tests only cost $400-450 now. A DNA test is cheaper than my car insurance deductable. It would be cheaper for us to get a DNA test done and take them to court than it would to turn it into our insurance company. How do I legally get a sample of their dogs hair to test against the hair I have? I think this is a small claims case, is it necessary even? How else would I prove to a judge that their dog caused the damage to the van? IF I don't have this proof, wouldn't it be my word against theirs? Keep in mind, no one can believe that this dog didn't get hurt or die when this happened. Including me.
I don't know what to do. At this point, neighbors or not, I don't care because they are being jerks about this deal.
