Renter or homeowner?

Ogna · Nov 16, 2009

What is the name of your state (only U.S. law)? Florida

I hit a dog recently and i was told that i am not at fault and my car should be repaired by the owner, but i called the homeowner and they say they have nothing to do with it, who is responsible the homeowner or the renter?

Zigner · Nov 16, 2009

haplesshome45 said:
Assuming the dog was not driving a car, it is hardly his fault that you ran over him. Poor dog! The dog doesn't understand about cars. Neither do young children. Did you render care to the dog? Did you take the injured dog to the vet? Did you leave your name and address to any witness? Did you call the police or file a Report later? Note that is some State dogs are a "protected class" of animal and not only do you have to do all the above, you will also get sued by the owners. Little children are a protected class also; you can expect to get sued when you mow them down. They don't understand about cars either.

Drive in a prudent and cautious fashion and you won't be crashing into the neighborhood dogs. Or kids, Or mailboxes. The extent of your sense of responsibility behind the wheel is to only have concern over your sheet metal. That is disgraceful. hang up the cellphone and toss the Latte; slow down and pay attention.

You've got to be kidding...

Our OP is entitled to have his/her vehicle repaired. Dogs are supposed to be controlled by their owner.

OP - you should seek compensation from the owner of the dog.

Ogna · Nov 16, 2009

I was driving speed limit and it was at night the dog was not on a leash it jumped into the street i hit my brakes and hit it at 10 mph it was fine but my car was not. can i get someone elses opinion?

Ogna · Nov 16, 2009

Zigner said:
You've got to be kidding...

Our OP is entitled to have his/her vehicle repaired. Dogs are supposed to be controlled by their owner.

OP - you should seek compensation from the owner of the dog.

thank you zigner!!!!!!

Hoe1979 · Nov 16, 2009

haplesshome45 said:
Assuming the dog was not driving a car, it is hardly his fault that you ran over him. Poor dog! The dog doesn't understand about cars. Neither do young children. Did you render care to the dog? Did you take the injured dog to the vet? Did you leave your name and address to any witness? Did you call the police or file a Report later? Note that is some State dogs are a "protected class" of animal and not only do you have to do all the above, you will also get sued by the owners. Little children are a protected class also; you can expect to get sued when you mow them down. They don't understand about cars either.

Drive in a prudent and cautious fashion and you won't be crashing into the neighborhood dogs. Or kids, Or mailboxes. The extent of your sense of responsibility behind the wheel is to only have concern over your sheet metal. That is disgraceful. hang up the cellphone and toss the Latte; slow down and pay attention.

haplesshome45 is way off on this one.

Zigner is right go after the owner of the dog.

Ogna · Nov 16, 2009

should I just go and ask him to pay or how should I go about this? I have an estimate

Zigner · Nov 16, 2009

Ogna said:
should I just go and ask him to pay or how should I go about this? I have an estimate

Ask the dog owner to pay.
If the dog owner doesn't pay in a reasonable time (7 days), then send a written demand giving them 10 days to pay. If THAT doesn't work, then sue.

Zigner · Nov 16, 2009

haplesshome45 said:
Not kidding, Zig.

The motorist "might" be able to escape liability IF it can be proven that the dog is "habitually allowed to roam."

Dogs are known to bolt. Bolting is a long way from "supposed to be controlled by their owner." It is a foreseeable risk, especially in neighborhoods where the motorist has knowledge of dogs in residence. Hit a dog and a string of duties and obligations unfold. fail in those obligations and you have liability with certainty that the motorist cannot escape (like failing to provide aid, failing to call police, failing to provide information to any bystander witness).

In Counterpoint, all this took place in Florida. It is my personal view that if Florida cannot be persuaded to secede from the Union, then it should be expelled.

You are WAY off base. The dog was UNINJURED (see OP's other thread). The owner of the dog is liable for the damages to the vehicle. NOTHING you have posted indicates otherwise.

Zigner · Nov 16, 2009

haplesshome45 said:
Not only that, the dog owner can recover for injuries of personal anguish for watching the OP strike his dog. If the owner becomes upset and is unable to work, those damages become substantial.

And with that, you PROVE yourself to be totally unreliable for ANY "advice" you may give.

ecmst12 · Nov 16, 2009

Wow. Hapless is apparently clueless as well. Dogs DO NOT belong in the street. If the dog was in the street, it's because the owner failed to control it. If the dog bolts, it's the OWNERS fault, not the driver who can NOT be expected to forsee such actions.

And yes, there are circumstances where a driver would NOT be held at fault for hitting a child in the street...not as universally as with a dog, but if a child is too small to be seen by a car and too young to understand the dangers of the street, then it's the parent's responsibility to keep the child out of the street. But let's not get too far off topic here.

The owner of the dog is responsible for the damage to your car. Follow Zig's advice. If the dog owner is a renter and has renters insurance, that should cover your damages.

Zigner · Nov 16, 2009

haplesshome45 said:
The jury is just going to make an award to make the struck party whole. That's reality.

So now, not only are you clueless...you're a fortune teller

OP - make a claim against the owner of the dog. Don't let hopelesshome45 deter you with his mindless drivel.

Ogna · Nov 16, 2009

Zigner said:
So now, not only are you clueless...you're a fortune teller

OP - make a claim against the owner of the dog. Don't let hopelesshome45 deter you with his mindless drivel.

thanks zinger ill talk to the guy today but how should i go about this just ask him to pay me?

ecmst12 · Nov 16, 2009

Dogs are bone, not soft tissue like slugs, and the exterior of most cars is made from plastic these days. If it's a large dog, I could DEFINITELY see the car being damaged before the dog.

If a jury makes a ruling which is contrary to the law because of their emotions, you can bet it gets overturned on appeal.

Zigner · Nov 16, 2009

Ogna said:
thanks zinger ill talk to the guy today but how should i go about this just ask him to pay me?

Hi Bob, my name is Ogna. I'm glad your dog is ok, but there is still the matter of the damage caused to my car. I have an estimate and I'd like to find out what sort of payment arrangements you'd like to make.

Then take it from there...

Zigner · Nov 16, 2009

haplesshome45 said:
The jury finds that the auto was operated over the posted speed limit, and that becomes a matter of strict liability - the motorist is responsible. The Appellate Court is not about to disturb findings of fact, only matters of law. Hit that trip-wire (over-limit) and your defense collapses.

Call it mindless drivel if you like, but that is where you are headed.

What evidence of the vehicle being operated over the speed limit?

Hapless - give it up. You are clueless and making a fool of yourself.

Renter or homeowner?

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Ogna

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Ogna

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Ogna

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Hoe1979

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Ogna

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Zigner

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ecmst12

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Ogna

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Zigner

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