topic Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog) in SmorgasBoard

Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

Anonymous — Sun, 13 Dec 2009 14:50:44 GMT

I was walking my dog on his leash in our neighborhood, and a neighbor's dog broke through the fence in his yard and attacked my dog in the street. My dog was injured, and I was also somewhat injured while fending off the attacking dog.

The neighbor was not home at the time, but did get ticketed later by the local authorities.

I've got bills of almost $2,000 because of this incident. I called the neighbor, whom I do not know at all, and this individual didn't want to hear any of it. No "I'm sorry this happened" or anything like it. Didn't even want to know my name, just yelled at me that this was all my fault and a lot of other gibberish, and then hung up on me.

I don't like suing people, but I've got a feeling it may come to this, given this neighbor's attitude. I would have thought that this could be easily handled by filing a claim under homeowner's insurance, but I don't expect any cooperation in this whatsoever from the neighbor.

My question is, how should I proceed here? I am not going to call again.

Should I send a registered letter requesting reimbursement? Should I merely ask that the neighbor inform his homeowner's insurance carrier within 10 days or something, or do I just go ahead and file a small claims action?

Any advice is appreciated.

I'm going ahead and paying the remaining balances on these bills in the meantime...and I'm not looking for any damages other than reimbursement for my expenses. I've got all the bills now, so I know what the final tally is.

Thoughts?

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

Anonymous — Sun, 13 Dec 2009 16:18:24 GMT

1. Keep a call log for verbal communications

2. Get a copy of the police report/citation

3. Get a copy of the vet examination and invoice

4. Get a copy of your doctor examination and invoice

5. Be sure the vet and doctor describe the nature and extent of injuries

6. Make sure you have pictures of the injuries to your animal and yourself

7. Send a letter by CMRRR to your neighbor, explaining that you need to be reimbursed for vet and medical expenses within 15 days, or that they contact you to make acceptable arrangements.

8. File a complaint with animal control about his dog

9. File a small claims suit against them

10. When you appear, be sure to have all above items with you in organized fashion

11. If there were any witnesses, see if they can appear, or have notarized witness affidavits

IMO. You can get an attorney referral from you local bar association and the initial consult is usually $50 or less. You can also join Prepaid Legal Services for $17 per month and have access to telephone attorney consults to discuss your personal legal matters.

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

Anonymous — Sun, 13 Dec 2009 19:11:25 GMT

Thanks, txjohn.

I've pretty much done everything as you've described, except for the letter and the filing. I'll send the letter tomorrow, but I don't think I'll get any response to it. In fact, I don't think the CMRRR will get signed for, it'll probably be ignored. I'm sure the neighbor expects a letter like this.

Do you think it'll help to send two copies of the letter, 1 regular mail and 1 CMRRR? At least the neighbor might read the non-CMRRR version and decide to turn it into his insurance?

Is it necessary to sue before a claim can be submitted for the insurance to cover this?

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

Anonymous — Sun, 13 Dec 2009 21:10:19 GMT

When you send the CMRRR, also send it regular mail. Pay for the postage at the post office and get a receipt. You can also send Priority Mail with Delivery confirmation (not a signature item, just mail carrier confirmed).

By sending a CMRRR and sending first class or priority mail at same time and retaining the receipts, you have adequate proof of notice. That combined with your call log will be all you need to show you gave adequate opportunity for the neighbor to address and remedy the situation.

Normally if there is a biting incident (dog bites human) this requires the animal to go into mandatory quarantine for up to 10 days, at least in my area it does. This is why I said to file the animal control complaint of a animal on human attack.

If you have pictures of the broken fence or place the dog broke out, that wouldn't hurt.

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

Anonymous — Mon, 14 Dec 2009 01:18:16 GMT

Thanks again, txjohn. I didn't even think about the Priority Mail option for documenting delivery. That's perfect for this situation.

I don't expect any cooperation at all from the neighbor.

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

Anonymous — Mon, 14 Dec 2009 20:15:20 GMT

Homeowners covers ON your property (house, car, etc.) I don't know about breaking loose. you could google it. They are liable anyway. Maybe small claims court.

Message Edited by casinoannie97 on 12-14-2009 12:15 PM

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

MattH — Tue, 15 Dec 2009 04:48:58 GMT

@Anonymous wrote:
Homeowners covers ON your property (house, car, etc.) I don't know about breaking loose. you could google it. They are liable anyway. Maybe small claims court.
Message Edited by casinoannie97 on 12-14-2009 12:15 PM

Yep, OP needs to sue the responsible party, who will then either pay out of pocket or call on their homeowner's insurance. Credible threat to sue seems like the best way to obtain an out of court settlement, but in any case it's the other party's insurance that would come into play here.

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

fishbjc — Tue, 15 Dec 2009 15:51:40 GMT

This neighbor would be paying. Any updates here?

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

Anonymous — Tue, 15 Dec 2009 17:04:52 GMT

@fishbjc wrote:
This neighbor would be paying. Any updates here?

Unfortunately, yes.

There is a question about who actually owns the dog. I noticed something in the paperwork I've received that I did not spot before.

Two tenants in the home, owned by a third party (who also happens to be a relative). There are conflicting statements as to who owns the dog. I'm awaiting word from the animal control officer about sorting this out, and whether or not the right individual was ticketed. The dog had not been licensed.

One of the tenants appears to be judgement proof. Guess which one is claiming ownership?

I've got a feeling I'm going to have to add all parties to a small claims action, if it comes to that. Maybe a judge can figure this out.

Would the third party owner of the property be on the hook for this whatsoever? This incident happened in the street, not on the property. And the homeowner's insurance must be in his name, rather than the tenant-relatives. I'm not feeling good about this at all.

Right now, I'm just waiting to hear from the AC officer, and that probably won't be until tomorrow.

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

Anonymous — Thu, 17 Dec 2009 20:23:22 GMT

was the neighbor negligent in letting the dog out?

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

Jazzzy — Thu, 17 Dec 2009 22:30:55 GMT

@Anonymous wrote:

Unfortunately, yes.

There is a question about who actually owns the dog. I noticed something in the paperwork I've received that I did not spot before.

Two tenants in the home, owned by a third party (who also happens to be a relative). There are conflicting statements as to who owns the dog. I'm awaiting word from the animal control officer about sorting this out, and whether or not the right individual was ticketed. The dog had not been licensed.

One of the tenants appears to be judgement proof. Guess which one is claiming ownership?

I've got a feeling I'm going to have to add all parties to a small claims action, if it comes to that. Maybe a judge can figure this out.

Would the third party owner of the property be on the hook for this whatsoever? This incident happened in the street, not on the property. And the homeowner's insurance must be in his name, rather than the tenant-relatives. I'm not feeling good about this at all.

Right now, I'm just waiting to hear from the AC officer, and that probably won't be until tomorrow.

Yes, the owner of the property may be liable. Obviously the fence wasn't sturdy enough to hold a dog.

You really need to sue all 3 of them. That's what judges are for...sorting all this out. Don't play judge. Don't worry about who is judgement proof or not.

Check the county tax records. Get the name and address of the property owner. Send them the same information you were sending the tenant. The owner may turn it over to the insurance company.

Then...file against all of them.

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

Anonymous — Fri, 18 Dec 2009 10:49:40 GMT

Thanks, LynetteM.

I did pull a street card on Monday for that information. And, I'm STILL waiting on the AC officer to contact me.

For everyone's further amusement, the tenant has stated that I entered onto his property and attacked his dog without provocation. Pretty good trick for me, as I was on the opposite side of the street at the time, with my leashed dog. His dog was behind a fence in his backyard, and broke through it to come at us.

Guess I don't have much to do in my spare time, except attack neighborhood dogs, visit the vet repeatedly and go to the local ER for myself.

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

MattH — Fri, 18 Dec 2009 13:04:23 GMT

@Anonymous wrote:
Thanks, LynetteM.

I did pull a street card on Monday for that information. And, I'm STILL waiting on the AC officer to contact me.

For everyone's further amusement, the tenant has stated that I entered onto his property and attacked his dog without provocation. Pretty good trick for me, as I was on the opposite side of the street at the time, with my leashed dog. His dog was behind a fence in his backyard, and broke through it to come at us.

Guess I don't have much to do in my spare time, except attack neighborhood dogs, visit the vet repeatedly and go to the local ER for myself.

Sounds like fun. You might also ask around for anybody willing to testify about previous incidents involving this dog; it might be helpful if you could show the owners had reason to know this dog was dangerous before you were attacked.

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

Anonymous — Fri, 18 Dec 2009 13:35:57 GMT

Two issues:

1. Liability. If the owner of property, allowed or otherwise consented to the dog being on premise, then there is a liability.

2. Ownership. If all defendants refuse to communicate, then it is approprite to sue all "potential" parties since they are providing no opportunity for reasonable discovery of the facts, nor are they willing to negotiate prior to suit.

3. Judgement proof. I would think that if they dog were housed at the property owners home, secured only by the fence, with the owners consent and knowledge, then you should be able to seek recovery from his liability under homeowners. His homeowners insurance may decide to subrogate and attempt recovery from the true owner of the pet, but the mere fact that the property owner does not own the animal does not relieve him of liability while it is on his property with his consent and knowledge.

Differing states have variations under liability, but these general statements should have some grounds. Call your local bar association for a referral and ask for a reduced fee initial consult. Here in my area the initial consult up to 30 minutes is only $20, so that you can at least get an idea on the laws in your state and municipality.

good luck

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

Anonymous — Fri, 18 Dec 2009 14:25:55 GMT

I thought the homeowners policy covered any one on the property, in the car, on the roof, etc.

There really shouldn't be a problem. Why are they giving you a hard time. Do they have homeowners?

This happened to me years ago when my dog was pregnant and a small person came up the driveway. She just jumped up and scratched eyelid. I submitted a claim and they paid. Case closed.

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

Anonymous — Sat, 19 Dec 2009 12:24:40 GMT

MattH wrote:
Sounds like fun. You might also ask around for anybody willing to testify about previous incidents involving this dog; it might be helpful if you could show the owners had reason to know this dog was dangerous before you were attacked.

Thanks, MattH. I did check with a couple of neighbors, and also the mailman (thought he'd be a really good source of info on this dog), but there haven't been any other reported incidents I can discover.

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

Anonymous — Sat, 19 Dec 2009 12:32:50 GMT

@ txjohn, thanks for the additional advice re: liability of the property owner, and the local bar association referral service. Sounds like the way for me to go with this.

@Anonymous wrote:
I thought the homeowners policy covered any one on the property, in the car, on the roof, etc.

There really shouldn't be a problem. Why are they giving you a hard time. Do they have homeowners?

This happened to me years ago when my dog was pregnant and a small person came up the driveway. She just jumped up and scratched eyelid. I submitted a claim and they paid. Case closed.

casinoannie97, this incident did happen in the street, so that's why my question about liability.

But I don't know what their reasons are for giving me a hard time over this (I don't even know these people). I feel that there is something in this situation that I'm not aware of. It would seem that the easiest thing to do would be to file a claim with their homeowner's policy. Hopefully, they have one. But these days, you never know.

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

Anonymous — Sat, 19 Dec 2009 16:10:45 GMT

I'm just thinking it should be a simple thing for them to call their insurance agent. It should be like a car accident with you guys exchanging paper work.

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

Anonymous — Wed, 23 Dec 2009 12:45:13 GMT

@Anonymous wrote:
I'm just thinking it should be a simple thing for them to call their insurance agent. It should be like a car accident with you guys exchanging paper work.

Yes, this would be the case between 2 cooperative individuals....but where 1 party is uncooperative, it requires judicial intervention just like an auto accident in which one party refuses to acknowledge fault or will not provide insurance information.

Re: Advice Needed - Recovering Expenses (From Getting Attacked by Neighbor's Dog)

Anonymous — Wed, 23 Dec 2009 12:49:14 GMT

@Anonymous wrote:
Two issues:

1. Liability. If the owner of property, allowed or otherwise consented to the dog being on premise, then there is a liability.
2. Ownership. If all defendants refuse to communicate, then it is approprite to sue all "potential" parties since they are providing no opportunity for reasonable discovery of the facts, nor are they willing to negotiate prior to suit.
3. Judgement proof. I would think that if they dog were housed at the property owners home, secured only by the fence, with the owners consent and knowledge, then you should be able to seek recovery from his liability under homeowners. His homeowners insurance may decide to subrogate and attempt recovery from the true owner of the pet, but the mere fact that the property owner does not own the animal does not relieve him of liability while it is on his property with his consent and knowledge.

Differing states have variations under liability, but these general statements should have some grounds. Call your local bar association for a referral and ask for a reduced fee initial consult. Here in my area the initial consult up to 30 minutes is only $20, so that you can at least get an idea on the laws in your state and municipality.

good luck

One scenario that I did not discuss:

QUESTION: What if the neighbor does not own the property and does not have homeowners insurance?

ANSWER: If the neighbor is a renter, refuses to pay reimbursement and refuses to cooperate, the you need to determine who the landlord of the property is and do 2 things:

1. Notify the landlord property owner of your circumstance and demand for reimbursement, provding 10 days for reply

2. Add the landlord to the suit in order to collect under his/her liability or property insurance.