Dog Attack!

[bedogged]

Does anyone know who's homeowners insurance one would use to claim reimbursement for lost wages, co-payments etc, when a person's dog scales your fence and attacks, causing injury? I thought the claim would be placed with the owner of the dog who did the attacking. A friend agued that I should be putting it through my insurance. I fear putting it through mine because as we all know, most times the insurance company is quick to raise your premiums and ours is already high enough.

In my opinion, the neighbor is responsible for your lost wages and injury as well as any injury to your dog. I do not know what their homeowners insurance will say. You might end up in small claims court over this. Be sure that you have reported the incident to the police because in most states the medical personnel that treated you are only required to report dog BITES. Since you did not suffer a bite, it was probably not reported. Also, most states treat dogs that attack other dogs differently than dogs that attack people. Most likely, they will only be ticketed for dog at large and only if you push the issue.

 

[Denise W]

Your own homeowners insurance policy does not cover injuries/medical bills to you, only to others. You either use your own health insurance and have them subrogate to the dog owner's homeowners insurance company, or you make a claim directly against their homeowner insurance policy. In the end, their homeowners insurance is responsible for your medical bills, lost wages, and pain and suffering.

Denise

 

[smokeyblue]

There is a time to be nice and there is a time to be fair. Nice=excited dog breaks old lawn ornament: don't worry about it. Fair=neighbors dog beaks your foot: they pay for medical bills, lost wages and pain and suffering.

I would absolutely ask for moderate compensation for pain and suffering. Anyone with an old orthopedic injury will tell you that it can hurt for years, if not forever. I would be devastated if someone lost their dog because of an incident involving me, but I wouldn't let it cloud my judgement in making sure I was made "whole" again.

 

[starry_solo]

By now, your neighbor should have already reported this potential claim to his homeowner's insurance company.

As to lost wages, you work per diem. You're going to need a letter from whomever you work for indicating that they would have called you into work on those various dates in order to get lost wages.

At this point, it might be worthwhile to see an attorney to discuss the matter further.

 

[3happydancers]

As bad as this sounds, I'd also consider your quality of life with these neighbors. If you go through insurance, and they're forced to get ride of their dog, will they hold it against you? If he's to be put down, will you be their dogs "killer"? I watched two neighbors go through this- no bite, but a boy ended up with a broken arm when knocked off his bike by a neighbors dog. Insurance seemed the dog unsafe, dog was rehomed. For the past six years those neighbors have not got along, and seem to bicker at every turn. (Really bad for a small town, their boys are in the same grade)

)

This is a big concern of ours. They have been our neighbors for about 8 years now. Both the man and his wife are retired and getting on in age. They have been nothing less than the model neighbors aside from this dog incident. Really, they are very quiet, lovely people. I'd like to our relationship just as it is. The man is taking responsibility (although he should have trained his dog when it was a pup). He's called in a trainer who comes this Saturday for an evaluation. He's paid my salary wages thus far for the days missed from work and he has taken me to and from the specialist. Now I know in part he is doing this as to avoid possible problems with the dog control officer and such, but I also believe he is truly sorry for the trouble and pain this has caused me. I would just like to continue to work with him and his wife in hopes to resolve this problem in a calm, adult like manner so that we can continue to enjoy living next to each other and enjoying each other's company.

I wouldn't disclose the dog fight. Your neighbor's dog got loose and you were injured while attempting to capture it. Not "really" a lie.

Can't do this. When I went to the doctor they asked how I got hurt and I told them exactly what happened.

This

The neighbor is right, you need to go through the insurance. He clearly is looking at the situation realistically and handling it properly. I am sure he is aware of the consequences of going through his insurance and the possibility that they may demand something be done by the dog, but it is the correct way to deal with the situation. The claim should be through his insurance - I THINK (I'm a little unclear on the exact details here - it sounds like because the dog didn't actually attack you, your foot was maybe just "collateral damage" and you don't say if he actually did any injuries to your dog - I'm not sure where the line is draw on things like this with insurance). You need to notify your insurance company of the incident no matter what, though.

Yes, you are right, the loose dog was actually after my dog. He made no attempt to bite me or my daughter. Unfortunately, I sustained this injury while trying to separate the two dogs. My DH said that was my mistake. I should not have gotten in between them. The thing is, the dog attacked from behind. I did not know he scaled my fence until he was upon me and my dog.

You should not lie about trying to "catch" a dog though, or try to make the incident into something other than what it was. You should be completely clear and truthful about everything that did and didn't happen. You do not want to be caught in insurance fraud. (Also, saying you were trying to catch a dog might shift the burden to your insurance since that makes it sounds like the dog was not a threat.)

Definitely do not want trouble with the insurance company. Just want to do the right thing while trying to spare this dog. I don't blame the dog as much as I do for owners who were not responsible for training their dog long ago. To them, a huge lesson learned.

While it would be sad to have to rehome the dog, or deal with higher insurance rates/insurance cancellation, that's a choice the neighbor made when taking the dog in in the first place and not properly training and/or restraining him. It's just one of those things in life that as adults we make choices on, and we get to live with the consequences on. As I often say, "It sucks to be an adult". But we deal with it, hopefully learn a little in the process, and move on.

It may come down to this but I am hoping that this trainer has good things to report. I do know the trainer. She is one I have used with my past dog and who has about 15 years experience.

Is the friend arguing it should go through your insurance the neighbor who owns the dog?

No. It was another neighbor who heard the commotion and came running to help who said I should go through my insurance company. Quite honestly, even if I did, they'd probably go after the man's insurance company to get reimbursed.

Thanks everyone for your responses. Sometimes talking things out with others helps one to see things more clearly!!!

 

[3happydancers]

The claim should be on their homeowners insurance, not yours. If you file a claim it could trigger a rate hike for you.

Like every one else, I really don't want a bill to go up if at all possible.

Nope. I was bitten by a neighbor's dog and they did not have to put it down. Dog bites are automatically reported to police and Animal Control, so they were involved. Unless the incident involves a bite, the chances of a dog being put down are next to nothing. Even if it is a bite, it usually has to be either a serious injury, a repeat incident, or considered completely unprovoked, especially with children. (at least from what I was told about my incident) Generally, a dog is put down if it is considered a danger to people.

I did have an officer come to the house to report the incident so it is documented. I have not sent away for the report yet, but will. I too figured if the dog did not bite then he is not considered a danger to people, only to other dogs. Still not good though, because if he continues to get out, he is likely to attack anyone who may be walking their dog and everyone around here owns a dog or two.

The insurance company could possibly ask the homeowner to get rid of the dog, but I don't think that is excessively likely- especially if the homeowner is willing to get documented training for the dog.

Good luck and get better soon!

Thanks for your good wishes. I do know for certain that the owner is having the dog evaluated. If the evaluation shows that the dog is not a threat and can be trained, then the owner will commence with training. The thing is the owner must understand that it is he and his wife who is being trained and they must execute these lessons every single day.

Sorry about your foot but why can't you work?
Are you unable to drive? Perhaps you can get a ride.
I could easily work with a broken foot. My mom has been in a walking boot cast twice for stress fractures, she didn't take any time off.

As per the specialist, I have a very bad fracture running from my large toe and through the joint. Normally, he would recommend surgery but the fracture is clean so he wants to try to be conservative. This means wearing one of those air boots, staying off my feet and he wants me to use a bone stimulator for at least the next few weeks. Also, it is my right foot. Putting pressure on that foot is impossible right now, and it would be very dangerous to drive with that boot on. And like I said, as per the specialist, he wants me off my feet until my follow-up visit at the end of the month. My work requires me to be on my feet for about 7 hours a day. I am a teacher assistant and work with mostly with pre-k thru 3rd grade students. Perhaps if it was a desk job, it would be possible to work.

Your own homeowners insurance policy does not cover injuries/medical bills to you, only to others. You either use your own health insurance and have them subrogate to the dog owner's homeowners insurance company, or you make a claim directly against their homeowner insurance policy. In the end, their homeowners insurance is responsible for your medical bills, lost wages, and pain and suffering.

Pretty much this is what I have been doing. I have been putting all doctor visits thru my medical insurance. I imagine they may ask how this occurred (already documented) in which case they may choose to my neighbor's homeowners insurance. If they do, it is out of my control.

Denise

There is a time to be nice and there is a time to be fair. Nice=excited dog breaks old lawn ornament: don't worry about it. Fair=neighbors dog beaks your foot: they pay for medical bills, lost wages and pain and suffering.

Thus far, my neighbor has been very good with taking care of my lost wages however, I have been paying all my copays.

I would absolutely ask for moderate compensation for pain and suffering. Anyone with an old orthopedic injury will tell you that it can hurt for years, if not forever. I would be devastated if someone lost their dog because of an incident involving me, but I wouldn't let it cloud my judgement in making sure I was made "whole" again.

By now, your neighbor should have already reported this potential claim to his homeowner's insurance company.

No, as of yesterday he hasn't.

As to lost wages, you work per diem. You're going to need a letter from whomever you work for indicating that they would have called you into work on those various dates in order to get lost wages.

Yes I was scheduled to work and the record shows that I work everyday (4 days a week) so I don't see a problem with this.

At this point, it might be worthwhile to see an attorney to discuss the matter further.

Not sure I want to go this far. I'd rather try to resolve the problem on our own if possible. So far, my neighbor is trying.

 

[3happydancers]

I would go the insurance route. The dog didn't bite anyone, so I would also say there is zero chance they would have to get rid of the dog.

What might happen is after the insurance company pays out the claim, they will not renew the owners home insurance again. So worse that can happen is the other person will have to find another insurance company.

I did speak to the dog's owner about this especially now that I know I will be out of work for several weeks. I will see them on Saturday when the trainer comes so I am sure we will talk more about this.