Dog hits my car, who's at fault?

[mrrun2fast]

California

I was driving in residential 25 mph zone. I was going betweeen 25 mph and 30 mph. As I pass a parked car on my right, a large dog darts from behind the car and hits the side of my car: he specifically broke the right turn signal, and dented the right side. The owner of the dog was not present when the dog was hit, a neighbor had to inform the owner that the dog was hit. There were no witnesses to the accident, only a few people heard it. In the where city I live in, there is a leash law. The dog turned out to be alright, it had a broken leg. I filed this claim with my insurance company and they said I was not at fault for it. I had to pay the deductible to get my car fixed, while my insurance company covered the rest. Even though the insurance company said it was not my fault, they declined to pursue the owner of the dog, since she had no homeowners insurance. Should I pursue this in small claims court? I have the estimate and pictures of where the dog hit my car, the dog clearly hit the side of my car, I did not hit him. Do I have a case since the dog hit the side of my car and the dog was not properly restrained? What shocks me is that even though the owner of the dog was not present at the accident, she claimed to my insurance company that I was speeding, and I saw the dog, and still hit it. Also I'm afraid that she may sue me for her vet bills. Any help would be greatly appreciated.

 

[I AM ALWAYS LIABLE]

California

I was driving in residential 25 mph zone. I was going betweeen 25 mph and 30 mph. As I pass a parked car on my right, a large dog darts from behind the car and hits the side of my car: he specifically broke the right turn signal, and dented the right side. The owner of the dog was not present when the dog was hit, a neighbor had to inform the owner that the dog was hit. There were no witnesses to the accident, only a few people heard it. In the where city I live in, there is a leash law. The dog turned out to be alright, it had a broken leg. I filed this claim with my insurance company and they said I was not at fault for it. I had to pay the deductible to get my car fixed, while my insurance company covered the rest. Even though the insurance company said it was not my fault, they declined to pursue the owner of the dog, since she had no homeowners insurance. Should I pursue this in small claims court? I have the estimate and pictures of where the dog hit my car, the dog clearly hit the side of my car, I did not hit him. Do I have a case since the dog hit the side of my car and the dog was not properly restrained? What shocks me is that even though the owner of the dog was not present at the accident, she claimed to my insurance company that I was speeding, and I saw the dog, and still hit it. Also I'm afraid that she may sue me for her vet bills. Any help would be greatly appreciated.

My response:

First, take a deep breath. Now, exhale. Everything is going to be okay.

You're on "all fours" with this one. She can sue you for anything she wants - - but that doesn't mean she will win. You, on the other hand, have all the factual basis for winning your claim.

Go ahead and file (presuming, of course, that you've already written to her demanding payment) and state your case to the judge.

Remember, this isn't a "life or death" struggle, and it's not a Constitutional, U.S. Supreme Court, case. It's Small Claims. That's all. You'll be in court for about 15 minutes.

So, take it easy, and go file. You'll win your damages and your court costs. Then all you'll have to worry about is "collecting" your judgment. But, that's another story for another time. Right now, go file your claim.

IAAL

 

[stephenk]

what lousy insurance carrier do you have that wouldnt go after the dog owner? Who cares if she doesnt have homeowner's insurance.

you got a good case against the owner.

 

[mrrun2fast]

Hi, I have 21st century insurance. They've been pretty good up until now. My claim adjuster agreed that it was not my fault, and sent my file to their collector. After an "investigation" by the collector, she decided to decline pursuing the owner of the dog. Her reasoning was that the insurance company has a policy not collect against dog owners. She said I should have total control of my car, but I told her the dog hit my car, it's evident in the picture. She asked me what if it was a kid? If it was a kid, then it would be a totally different situation and I'd be worrying about other things. I told her even if I didn't cause the accident, shouldn't the owner pay? I don't think the collector understands that as unfortunate as it may sound, a dog in CA is considered property (I own a dog). The owner failed to properly restrain her dog, and it caused damage to my car. The conversation was insane, I was citing the local leash law, and I asked her did she even look at the pictures of my car where the dog hit? She said she did, but she kept on repeating we will not pursue this because the accident was with a dog. I couldn't get her to explain more in detail, it was as if she was reading from a piece of paper.

 

[I AM ALWAYS LIABLE]

My response:

Okay, so what do you plan on doing now?

Did you read my response to you? Do you know what to do, or do you plan on continuing to write your stories about how 21st Century won't help you?

IAAL

 

[mrrun2fast]

Hey, it's been one day since I've posted my "story". I'm going on vacation for about 10 days, and I will probably file when I get back. I've handled small claims for other people, so I'm quite familiar with the process, but it's never been for me.

 

[Cookie97128]

I have a question.
Should the uninsured motorist coverage cover the deductible?
It's for stuff that happens to the vehicle that you didn't do. This includes other cars hitting you and they have no coverage. Or say if you hit a deer and damaged the car. UM covers it. Or if you get hit and you weren't in the vehicle.
At least this is what my understanding is.
Am I wrong? If I am, please be nice... LOL

 

[stephenk]

hit by dog would fall under collision coverage.

 

[legalbattles]

What happens to the dog?

How about paying to fix the dog's leg first? Animals don't have health insurance! Your first concern shouldn't be your car and what you can sue for BUT making sure the dog's owner has enough money to cover the vet services. Selfish *******.

 

[SCin SC]

I think that you can recover your deductible if nothing else- and if she sues you for the vet bills she is stupid. You said there was a leash law and undoubtably the dog was not on a leash. Her dog- her responsibility.

I in no way think you should be worried about whether or not she has the money to get her dog fixed. I assume that you inquired about the dogs well being since you know the injuries and that is enough on your part. Further more she should have insurance! No insurance and under-insured people and irresponsible people is the reason the rest of us have outrageous premiums!

 

[3kidsmom]

I have a question.
Should the uninsured motorist coverage cover the deductible?
It's for stuff that happens to the vehicle that you didn't do. This includes other cars hitting you and they have no coverage. Or say if you hit a deer and damaged the car. UM covers it. Or if you get hit and you weren't in the vehicle.
At least this is what my understanding is.
Am I wrong? If I am, please be nice... LOL

UM covers injuries to a PERSON. It is a form of Bodily Injury coverage.

It does not cover damages to the vehicle. IF the OP has collision coverage on her vehicle it should cover all but the deductible. She could sue the owner of the dog that "hit" her car, for the deductible.

 

[Jeter]

How about paying to fix the dog's leg first? Animals don't have health insurance! Your first concern shouldn't be your car and what you can sue for BUT making sure the dog's owner has enough money to cover the vet services. Selfish *******.


A*- Are you out of your mind?