Mailman Fell backwards backpeddling from dog

[Good Hair Gary]

Virginia- 58yr old mailman - Medium size dog jumped on screen door as I was reaching for the mailbox at the door, it open. I back peddled real fast to keep from getting bit and fell hard downhill. As I was on the ground, the dog kept attacking. I blocked the bites with the mailbag and got on my feet and sprayed at the dog. I didn't get bit but my lower back started hurting later that night, then it got stiffed. I went to 3 weeks of physical therapy paid by workman's comp. I'm required by the fed gov to demand 3rd party damages. The homeowner refuses to provide homeowners insurance. Is there any way to get their homeowner's insurance info or do I have to go to court?

 

[quincy]

Virginia- 58yr old mailman - Medium size dog jumped on screen door as I was reaching for the mailbox at the door, it open. I back peddled real fast to keep from getting bit and fell hard downhill. As I was on the ground, the dog kept attacking. I blocked the bites with the mailbag

You can file a personal injury claim against the homeowners. The homeowners can turn the claim over to their insurer.

I hope your recovery is fast and complete.

Good luck.

 

[adjusterjack]

The homeowner has no obligation to tell you anything about his/her insurance though it's foolish for him/her not to notify the insurance company.

First find out from the worker's comp what the medical bills and wages total.

Virginia small claims limit is $5000. If that satisfies worker's comp and gives you something for pain and suffering, fill out a small claims complaint form but don't file yet. Attach it to a demand letter giving the homeowner a deadline date to pay. If that doesn't get a response, go ahead and file suit in small claims court and have the summons and complaint served on the homeowner. That should elicit a response from their insurance. If it doesn't, you'll need to follow through with the court case, get a judgment and try to collect on it.

If your claim, including worker's comp and pain and suffering is worth more than $5000 consult a personal injury attorney.

 

[Good Hair Gary]

You can file a personal injury claim against the homeowners. The homeowners can turn the claim over to their insurer.

I hope your recovery is fast and complete.

Good luck.

File a claim in small claim court?
I have a claim but don't think its large enough to hire a lawyer to file.

 

[adjusterjack]

Did you miss my post?

 

[quincy]

You can file a personal injury suit in a small claims court if you are not seeking damages over $5000. Small claims court actions can be handled without an attorney.

Here is a link to small claims procedures in Virginia:
http://www.courts.state.va.us/resources/small_claims_court_procedures.pdf

Service of your complaint on the homeowners will probably prompt the homeowners to settle the claim, or prompt them to contact their insurance company which will settle.

(I saw your post, adjusterjack - nicely written )

 

[Good Hair Gary]

You can file a personal injury suit in a small claims court if you are not seeking damages over $5000. Small claims court actions can be handled without an attorney.

Here is a link to small claims procedures in Virginia:
http://www.courts.state.va.us/resources/small_claims_court_procedures.pdf

Service of your complaint on the homeowners will probably prompt the homeowners to settle the claim, or prompt them to contact their insurance company which will settle.

Thanks

 

[quincy]

Thanks

You're welcome, Good Hair Gary. We appreciate the thanks.

Good luck with the homeowners and with the recovery from your injuries.

 

[HRZ]

Just as an aside...will a suit for some sum up to $5000 satisify your job requirement to demand damages in your particular case? How much does your employer require that you seek?

 

[quincy]

Just as an aside...will a suit for some sum up to $5000 satisify your job requirement to demand damages in your particular case? How much does your employer require that you seek?

That is a pretty big "aside."

Both adjusterjack and I stated that small claims would be for damages up to $5000. A personal injury attorney should be consulted if damages exceed $5000.

 

[HRZ]

the postal regs appear to address that employee must cooperate with postal service to seek 3d party recovery ...and refusal to cooperate can result in compensation denial ....but a quick scan does not indicate that employee must make a personal full court press to collect sums in question and the average postal employee might lack the skills ...and the postal service seems to have its own recovery provisions and staff.

 

[quincy]

the postal regs appear to address that employee must cooperate with postal service to seek 3d party recovery ...and refusal to cooperate can result in compensation denial ....but a quick scan does not indicate that employee must make a personal full court press to collect sums in question and the average postal employee might lack the skills ...and the postal service seems to have its own recovery provisions and staff.

Okay ... and this means what to you?

A "full court press" means what? You think a suit should be pursued only half-heartedly?

 

[LdiJ]

Okay ... and this means what to you?

A "full court press" means what? You think a suit should be pursued only half-heartedly?

I think that he is trying to say, in his own dubious way, that according to the Postal Regs the OP shouldn't have to handle the suing himself...that the OP just needs to cooperate with the post office/worker's comp people.

 

[cbg]

https://www.dol.gov/owcp/dfec/uspsthirdparty.htm

 

[justalayman]

I agree with ldij’s assessment. Maybe hrz can provide a link to a specfic source for his info