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  #1  
Old 08-28-2007, 12:21 AM
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Motorcycle/dog accident


What is the name of your state? Michigan
Sorry, I posted this also under small claims court.
I had a dog cross the road and cause me to have an accident on my motorcycle, about $2,500. damage. I only have the state minimum insurance. A police report and written report of the accident was submitted to the County Ordinance Enforcement Div. who issued a ticket to the owner of the dog. I took pictures of where it happened (dog came out of the owners driveway) damage to the cycle and road abrasions to myself. Would I have a case in small claims court?
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  #2  
Old 08-28-2007, 08:01 AM
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Absolutely. Dog owners have an obligation to keep their pets out of the street.
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Old 08-29-2007, 05:42 AM
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Seeing as you insist upon 2 threads, I'm answering on this one. You should really consider collision coverage. Why, you ask? Because, in the state of MI, a true No fault state, you repair your own vehicle in the event of an accident, regardless of fault. So, if you had been involved in an accident with a driver or pedestrian, the MOST you could recover from the at fault party is $500. You may find that, in small claims court, the same law will apply. Therefore, you'd be responsible for the other $2000 in damages.
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Old 08-29-2007, 04:39 PM
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Okay this may be a stupid question, but does the fault change say hitting the dog versus not hitting the dog? Let's say the dog came out and he avoided it and crashed into some trees the other scenario is the dog came out and he hit it and by hitting it caused the accident. Is the owner still at fault for the first scenario?
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Old 08-29-2007, 10:07 PM
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Quote:
Originally Posted by janedoe23 View Post
Okay this may be a stupid question, but does the fault change say hitting the dog versus not hitting the dog? Let's say the dog came out and he avoided it and crashed into some trees the other scenario is the dog came out and he hit it and by hitting it caused the accident. Is the owner still at fault for the first scenario?
Hitting an animal: Comprehensive claim
Avoiding the animal and hitting the tree: Collision claim
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Old 08-29-2007, 11:41 PM
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I would say that most depends on whether the driver can PROVE that the dog ran out in front of him. If there was a witness that saw it happen, then maybe he could get a court to rule in his favor. But if it's just his WORD that the dog ran out, there's no evidence that it actually happened, so it would be hard to prove the case.
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Old 08-29-2007, 11:57 PM
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Originally Posted by moburkes View Post
Hitting an animal: Comprehensive claim
Avoiding the animal and hitting the tree: Collision claim
What happens if you hit both simultaneously?
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Old 08-30-2007, 08:23 AM
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What happens if you hit both simultaneously?
Collision. Then you can charge an at fault accident!
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  #9  
Old 08-30-2007, 02:19 PM
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RE: Dog accident


Well, there may be proof the dog was hit..the owner took it to the vet the next day to be treated.
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