Some guy hit my dog and killed him. Now his insurance has filed a claim against me for $4,300! What do I do?

Question

I was in shock and didn't get any of his info at the time. I don't even remember the car. And I didn't get to look at the damage or who was driving.

Answer 1

You need to call your insurance agent. Sorry about your dog.

Answer 2

I am not in the USA but if some of these comments are correct I don't think you guys have any rights whatsoever, what land of the free!!!

But I'll go ahead with just my common sense and say that it cannot be that you are automatically wrong.

If you were not breaking any laws and this driver was breaking laws then he's a fault. As simple as that. But maybe not in the USA?

Was he drunk? Where you with someone that can testify the guy was drunk and that you and the dog were walking on the sidewalk and the dog was on a lead?

PS:if that cat breaks into my fenced yard can I bite his neck off myself? Would they go after me too?

Answer 3

Suck it up and pay it.

Unless this guy drove through your yard, you are in the wrong.

The dog was likely off leash in the middle of the road right?

Your dog shouldn't have been in the road, you were breaking the law. You are responsible for damaged caused by your dog.  

Answer 4

Unfortunately, you can't do anything.  If a driver hits an animal and there is damage to the car, the animal owner is at fault.  It's a sticky situation, and a very difficult one if the animal is killed in the accident.  I'm terribly sorry for you and your loss, and this unexpected information he laid on you, but (at least in Ohio where I'm from) that is the law.  Animal owner is at fault.  :(  

Again, very sorry, and I hope this doesn't sound too harsh.  If your dog was on a leash, or in a fence of some sort, maybe you could look in to that, faulty leash, or non-responsive electric fence, but I dont know that it'd be a winning shot...  I hope things work out for you.  

Answer 5

Hello I am very sorry to hear that you dog was killed :( My dog was knocked over 3 years ago  luckily the car wasn't damaged and my dog wasn't hurt badly she had skin scraped off her leg and butt and is now fine , and we were very lucky however what I do know is when you get pet insurance there is a liability claim that even if you do not purchase pet insurance to cover your pet in the event of an accident or injury

that you are required by law to purchase third party insurance which is incase your pet causes an accident ie being knocked over and doing damage to a car ,the third party insurance is supposed to be to cover the costs you would incur in event of an accident the dog may have caused or damage to a vehicle etc I didnt find out any of this until after my dog had been knocked over when i read the pet insurance claims  I just wanted to explain to you what the claim they have filed against you is for so you are in the loop and can fight back I hope my answer has helped some ,for what its worth I think them filing a claim against you is so S****y You lost your pet already :(

I am so very sorry that your pet died I know it must have been so heartbreaking and i couldnt imagine how much worse it must be getting a letter trying to claim YOU when THEY knocked your dog over

Hope you can get it sorted out

diane :(

Answer 6

we have leash laws and if the dog was loose than the driver can claim damages.

maybe talk to lawyer but i don't know if it would help or not.

Answer 7

Typical situation you have like many other people,therefor,be patient and check out the resource here i found useful.http://car-insurance.easyideas4u.info/ca...

Answer 8

you really didn't specify.  Was the dog off leash and not in an enclosed area? if the answer is yes, then you can be sued for property damages.  If the guy drove through your yard, then he is at fault.  I'm sorry for your loss, this guy is a jackass.

Answer 9

You can get an accident report from the police department.  You should get some legal advice about this because the information you have provided here is very sketchy to say the least.  

Answer 10

Call his insurance agent that sent you the notice and tell him you refuse-- and he'll have to take you to court to get any $$$ out of you!

Answer 11

Well he has every right to if you were not in control of your dog (as in him being on a leash and running loose instead) because you were in violation of the law so I don't know why you are on here having a fit about it.  

Sorry about the dog but that is what the price you have a chance of paying when you can't manage to keep control of your dog.  BTW don't even think of countersueing him for the cost of having the vet dispose of the dogs body.  You will loose and he will win.

Answer 12

I would not pay him a penny. I don't care what the situation. You are supposed to have total control of your vehicle at all times. What if that was a child? I'm very sorry for the loss of your pet and i can understand why at the time you were not thinking about his stinking car.I would let him try and sue you.Did he even offer comfort to you or say he was sorry for killing your dog? His Insurance will cover any damages,that's why people have Insurance. I would contact a Lawyer,consultations are free. If he hit your dog on your property,your homeowners insurance might pay but if it was a public street and he was not paying attention,It is his fault.Fight this to the end.You can get all his info now. Ask for pictures of the car,who's to say it wasn't already smashed up and he is using you for fix up. WHAT A CREEP!!

Answer 13

File a claim back. You have your dead dog as evidence. He has nothing. What was the claim for you against anyway?

Answer 14

Unfortunately, with Dog Owners Liability Laws the way that they are in North America, 99.9% of the time, the Dog Owner will be found liable.  In Ontario, if your neighbours cat gets into your completely fenced yard, where you dogs are minding their business, and your dogs catch the cat and injure it, it is the Dog Owners' fault, and the Dog Owner will be responsible for any vet bills, mental anguish of the owner, etc, irregardless that cats must be INDOORS or tethered at all times.  That's beyond silly if you ask me.

What the insurance company is doing is called subrogation.  Odds are, the damage to his car from hitting the dog, medical bills, mental anguish etc. total $4,300.  Since they need to recover the $4,300 from someone, they are going after you, the owner of the dog.

You can try to fight them, but it's really a 'David vs. Goliath' situation.  Your homeowners/tenants or pet health policy may include liability coverage that could respond to help cover the $4,300.  If you have one of these policies, contact your insurance agent or broker for advice.  Otherwise, you could counterclaim for mental anguish/stress to try to recover the costs.  You did mention that you were in shock.

Irregardless, I'd seek the advice of a lawyer, if you can't afford a lawyer, try a legal aid or legal assistance group in your area that offers advice for free or at a reduced cost.

Answer 15

You aren't saying how or what happened, so nobody can really say anything.

If you were crossing at the zebra crossing with the dog on a lead and he hit your dog he is at fault.

If your dog was not where he should have been, you are at fault.

Was this person driving dangerously? There are all kinds of variables.

Perhaps this might help you, it's free to try:

http://locate-power-of-attorney.info/  you contact them with your info, they'll post it to their lawyers who will choose to offer their services (or not) and how much  it'll cost etc. you then check their background on the site and choose who to hire.

You are not obliged to hire anyone either and the site is free so you might as well try it, good luck.

Answer 16

Sadly for your dog you are responsible for this situation.  If the dog had been constrained in a yard or on a leash the accident would not have happened.  Roads are for cars, not pets and the driver can't be held responsible if a dog darted out in front of his car.  It is very sad but this is why we, as responsible dog owners, need to ensure that our dogs are under control at all times.  This means having a secure fence which they can't jump over or dig under and, when not in the yard, they are on a lead.