Can claim be filed against rental property owner's homeowners insurance?

[Oxfordjo]

What is the name of your state? Arizona

While visiting my house resently, my boyfriend was attacked by a Pit Bull that was loose in my neighborhood. It turned out that the dog was owned by the renter of the house across the street from mine. The police came to the scene and the dog was taken and quarantined for rabies. My boyfriend had a severe leg lacerations and I had to take him to the emergency room. This event happed one week before my boyfriends health insurance became effective, thus he had no medical insurance and is now told he is liable for the emergency room charges. The renter of the property is in no position to pay since he had lost his job - basically it is a case of not being able to squeeze blood from a stone.

I was wondering if my boyfriend could file a claim against the property owner's homeowners insurance to pay for these charges. We are not litigious people, just want to have the medical bills paid for - no "pain and suffering" crap. He is a single dad and is in no position to assume these charges. If he can't file against the homeowners insurance is there any other avenue he could take? I appreciate any advice. Thanks.

 

[moburkes]

You can, but it might not do any good. First, if the homeowner didn't tell his insurance company that the property is a rental, they will deny liability. Second, they may still deny liability unless you can prove that the Owner of the Property was negligent.

 

[gawm]

You can, but it might not do any good. First, if the homeowner didn't tell his insurance company that the property is a rental, they will deny liability. Second, they may still deny liability unless you can prove that the Owner of the Property was negligent.

If the owner did not tell insurance company it was a rental wouldn't that in itself make him somewhat liable? If he didn't tell the insurance company then he probably didn't tell the state which is illegal. I'm sure the owner would not like you making an issue of it. Do you know if the renter had renters insurance? I would have your boyfriend talk to a personal injury attorney about this. They give free consultations and would be able to answer questions like these for him. Also, tell your boyfriend not to blame the breed. I have a pit bull and he would pull out his own teeth before he ever bit a human.

 

[moburkes]

Sure, it could make the owner liable, but they were asking about the owner's insurance company.

OP: You sue the negligent party, not the insurance company. The insurance company didn't do anything.

 

[You Are Guilty]

If the owner did not tell insurance company it was a rental wouldn't that in itself make him somewhat liable?

In and of itself, absolutely not. Any failure to notify the insurance company is a contractual issue between the owner and his insurance. It has absolutely no bearing on whether he was negligent in renting to a yahoo with a loose pitbull. (But it does provide sufficient reason for the insurance company to deny coverage if owner breached contract and didn't tell them it was a rental property).

Unfortunately, there's no easy solution to this one.

 

[moburkes]

Thanks for pointing out my error. I wasn't trying to imply that by the owner not notifying the inurance company, that THAT act makes him liable. I was simply (and not doing it very well) trying to say that the owner may be found liable.

 

[You Are Guilty]

Thanks for pointing out my error. I wasn't trying to imply that by the owner not notifying the inurance company, that THAT act makes him liable. I was simply (and not doing it very well) trying to say that the owner may be found liable.

Your reply was not incorrect per se. There are other potentially contributing factors which could make the owner liable, so your "could" was accurate. But I think the question asked had to do solely with the insurance issue, so I was just clearing that up.

 

[moburkes]

YAG, we're cool. I just didn't even realize that my explanation could look a certain way, until I read yours. Then I just wanted to clarify it. So, I still appreciate it!

 

[Oxfordjo]

Thank you!

Thank you all for your input. I have looked up the property address on the Maricopa County Assessor website and it is listed as a Rental Property - the Deed of Trust states "1-4 Family Rider (Assignment of Rents)" so it looks like this is one of those rare owners who actually lists their property as a rental. On the Assessor website it also lists the Property Management company that the homeowner goes through. I will have my boyfriend gather all the bills, police report, etc. and send a letter to the management company, copying the homeowner, politely asking that they reimburse him and indicating that he will file a claim if they don't. Hopefully they would rather just pay it instead of having a claim filed and possibly increasing their premiums. Like I said, we aren't looking for anything above just getting the medical bills paid.

Gawm, I don't blame the breed - I blame those idiot owners who get Pit Bulls as a status symbol vs. a pet. There were actually two Pit Bulls involved in this incident, but only one bit. Because at first he didn't know which dog bit him, and because neither dog was registered or had thier Rabies vaccinations, they impounded both dogs. Once my boyfriend went and identified which dog bit him (dog actually tried to attack him at the pound too!) I actually paid the impoundment fee for the other pit bull so the owner's daughter could get her dog back - out $70 buck there, but oh well. When my boyfriend spoke to the dog's owner he told him that the dog that bit him was a "family pet" then proceeded to take a phone call and tell the person on the other end that he had penicillen shots for his dog if he needed it....hmmmm. He has penicillen shots at home for the dogs but can't be bothered to get thier rabies shots - sounds like it was a fighting dog. Sick!

Thank you again everyone for your advice. I apologize for being so long-winded in this post.

 

[moburkes]

My suggestion is to address the letter to the AT FAULT, or, negligent party.

 

[Bigfoot]

Can Claim Be Filed

It's likely that the property owner is carrying a dwelling policy which includes liability. After all, who would pay if the mail carrier fell down on icy stairs?

In addition, if the renter's lease indicated that the owner knew there was a pet and gave permission to have one (pet fee), then the case could be strengthened.

File against the property owner.

 

[Oxfordjo]

UPDATE: Can claim be filed against rental property owner's homeowners insurance?

Well, we gathered all the paperwork, bills, pics etc., and mailed them to the homeowner who forwarded them to their insurance company. The insurance company later denied the claim stating "that the renter's Rental Agreement specifically stated that they were not to have dogs/pets, so the homeowner is not liable." Is there any other recourse that any of you could suggest to be recoup the money he had to pay for the medical bills? I would greatly appreciate any advice.

 

[moburkes]

Sue the at fault party. I think I told you that already, but I could be wrong.

 

[Oxfordjo]

Mobourkes,

You did mention that before, however we first sent the paperwork to the homeowner demanding repayment hoping that they would pay instead of him having to resort to suing them (trying to play nice). They in turn sent it to their insurance company so we waited to see what happened on that end. Forgive my ignorance on this, but if the insurance company claims the homeowner is not responsible due to the reason mentioned in my previous post, would a civil suit directly against the homeowner not determine the same outcome? Thank you for your patience.

 

[moburkes]

Mobourkes,

You did mention that before, however we first sent the paperwork to the homeowner demanding repayment hoping that they would pay instead of him having to resort to suing them (trying to play nice). They in turn sent it to their insurance company so we waited to see what happened on that end. Forgive my ignorance on this, but if the insurance company claims the homeowner is not responsible due to the reason mentioned in my previous post, would a civil suit directly against the homeowner not determine the same outcome? Thank you for your patience.

You sue the renter, not the property owner. The renter's dog was the one that bit.