dog bite demand for payment

[freeusername]

Thanks for all the great advice and support. I will be able to address things when I get back from vacation.

Just a question for everyone. I was talking to a friend about this today and told her about the demand for payment letter that asked for money above the medical costs and specifically told me to give the letter to my insurance company. She said she thought that was insurance fraud. What are other people's thoughts on that? Can you make a demand for payment for any amount to an insurance company? I am asking this really just out of curiosity.

 

[quincy]

Thanks for all the great advice and support. I will be able to address things when I get back from vacation.

Just a question for everyone. I was talking to a friend about this today and told her about the demand for payment letter that asked for money above the medical costs and specifically told me to give the letter to my insurance company. She said she thought that was insurance fraud. What are other people's thoughts on that? Can you make a demand for payment for any amount to an insurance company? I am asking this really just out of curiosity.

Insurance fraud? I am not seeing it from what you have said so far - but the claims being made would need to be personally reviewed and investigated.

 

[freeusername]

Insurance fraud? I am not seeing it from what you have said so far - but the claims being made would need to be personally reviewed and investigated.

I think my friend's take on it was that the medical bills were only $1300 and they were asking me to ask my insurance company to pay them $6000.

 

[quincy]

I think my friend's take on it was that the medical bills were only $1300 and they were asking me to ask my insurance company to pay them $6000.

Pain and suffering, emotional distress. attorney fees, court costs ...

I think you would have been smart back in October to have had your insurance company handle this for you. It could have saved you time and worry.

Let us know what happens.

Here is a link to Massachusetts' Dog Bite Law (MGL c140 s155):
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section155

Good luck.

 

[freeusername]

A quick update.

A neighbor from my old house mailed me the summons.

I am being sued for total hospital expenses of $652. Total doctor expenses of $510. Pain and suffering of $23,000.

 

[quincy]

A quick update.

A neighbor from my old house mailed me the summons.

I am being sued for total hospital expenses of $652. Total doctor expenses of $510. Pain and suffering of $23,000.

That sounds a bit absurd. I wonder if there is anything to support that figure?

I think you might want to review everything with an attorney in your area.

 

[freeusername]

That sounds a bit absurd. I wonder if there is anything to support that figure?

I think you might want to review everything with an attorney in your area.

I thought the original $6000 demand for payment was absurd...shows what I know.

This is all a grab for money. This I am sure of. Since I offered to pay their medical bills before I even knew what the total would be (and which, technically, they didn't even have to pay as they are on Medicaid) and they told my neighbor they "didn't know what they are going to do yet" it's clear they are after money. They once again rejected my offer to pay their medicals bills, through their attorney, when they sent the original demand for payment and told me to send it to my insurance company....obviously looking for money.

There are a few false statements in the complaint, such as that my dog was not restrained even though he was on a leash. Also that the child was attacked unprovoked, when actually he rode his scooter right at my dog who just reacted. Again, not arguing my (dog's) liability in this. It was an unfortunate accident between dog and boy but MA law says I'm liable for medical expenses, I do not have a problem with that.

**The question is do I contact my insurance company or an attorney? Since my dog is long dead I am not as concerned with being dropped at this point.

 

[quincy]

I thought the original $6000 demand for payment was absurd...shows what I know.

This is all a grab for money. This I am sure of. Since I offered to pay their medical bills before I even knew what the total would be (and which, technically, they didn't even have to pay as they are on Medicaid) and they told my neighbor they "didn't know what they are going to do yet" it's clear they are after money. They once again rejected my offer to pay their medicals bills, through their attorney, when they sent the original demand for payment and told me to send it to my insurance company....obviously looking for money.

There are a few false statements in the complaint, such as that my dog was not restrained even though he was on a leash. Also that the child was attacked unprovoked, when actually he rode his scooter right at my dog who just reacted. Again, not arguing my (dog's) liability in this. It was an unfortunate accident between dog and boy but MA law says I'm liable for medical expenses, I do not have a problem with that.

**The question is do I contact my insurance company or an attorney? Since my dog is long dead I am not as concerned with being dropped at this point.

Either? Both?

You might have difficulty with your insurance company because you did not report the incident when it happened (as required by most policies). Dog bites off your property may also not be covered. Read over your policy.

Also, as a note, an insurance company might settle an inflated demand to avoid trial. Whether that would happen here is a question mark, if your insurance even covers dog bites.

I think you might at this point be best off with an aggressive private attorney who has handled defense in dog bite cases. But that is an opinion only.

Good luck.

 

[freeusername]

I spoke with my insurance company, without divulging any details about my identity, and was told I can file a claim at any time regarding this. They couldn't give me specific details about how it would affect my coverage, but said depending on the payout my premiums would probably go up.

I spent the morning typing out the details and a time frame (thank goodness for this forum!) and am going to contact some attorneys in my area for a consultation while I decide what to do.

Other than google, how do I find the right attorney for this situation?

 

[PayrollHRGuy]

While you can file a claim I would be very surprised if the insurance company would mean that you are actually covered for any given loss without knowing who you are. Everyone's policy is not the same.

 

[Zigner]

You are supposed to notify the insurance company about the potential loss as soon as you become aware of it. Not doing so puts the insurance company at a disadvantage when it comes to defending your (and their) interests, and could be cause for them to refuse to cover the claim. It's in your policy document. Read it.

 

[quincy]

I spoke with my insurance company, without divulging any details about my identity, and was told I can file a claim at any time regarding this. They couldn't give me specific details about how it would affect my coverage, but said depending on the payout my premiums would probably go up.

I spent the morning typing out the details and a time frame (thank goodness for this forum!) and am going to contact some attorneys in my area for a consultation while I decide what to do.

Other than google, how do I find the right attorney for this situation?

I fear that a dog bite incident that went unreported since 2015 may not be covered by your insurance. Read over your policy to see what it says.

You can find local attorneys through your Bar Association or through AttorneyPages.com. I suggest you interview several before settling on one.

Good luck.
held

 

[freeusername]

Dog bites are covered by my policy and I was told there is no statute of limitations in reporting a claim.

 

[Zigner]

Dog bites are covered by my policy and I was told there is no statute of limitations in reporting a claim.

No, "you" were not told that...some random guy on the phone was told that (remember?)

Furthermore, there's a difference between reporting a claim for an incident you just found out about, and one that you were fully aware of when it occurred well over a year ago.

 

[quincy]

Dog bites are covered by my policy and I was told there is no statute of limitations in reporting a claim.

If true, that is good. You can turn everything over to the pros.

Then, once again, you will have to wait and see what happens. I would be very surprised if any damages awarded come close to the amount being demanded.

Good luck.