- This topic has 19 replies, 2 voices, and was last updated 8 years, 8 months ago by Anonymous.
- May 10, 2011 at 8:39 am #209226AnonymousInactive
We wanted to purchase a third home for rental purposes, but since this our third home we need a 20% down payment. My credit was not included in the purchase of the first two homes, so could I potentially purchase the third with my credit and only pay a 5% down payment? Or is it all linked together?
- May 18, 2011 at 1:57 am #280222claucar16Participant
Your husband would be entirely left off (s o you would need to qualify on your own, which is doubtful otherwise why wouldn’t you be on the first two loans….), though if your name is on the other homes, it won’t matter.
5% down is for FHA, which is for primary residences…
- June 20, 2011 at 1:47 am #441925AnonymousInactive
I would think so. Get a lawyer
- June 20, 2011 at 2:02 am #441926AnonymousInactive
Oh how terrible. So sorry for your loss. However I have never in my life seen a UPS man pull into a driveway. Most just park in the street unless it’s a business. If it was in your drive then UPS should be held responsible.
- June 20, 2011 at 3:00 am #441927AnonymousInactive
Talk to a lawyer. Sorry about your dog.
- June 20, 2011 at 3:39 am #441928AnonymousInactive
Yes they should be liable. get a lawyer. they will take care of the insurance company.
- June 20, 2011 at 3:51 am #441929AnonymousInactive
Yep, a dog is property. And I’m sorry for your loss, I know how much one can love a pet. But you’re entitled to recovery of your monetary damages, and nothing more. How much was the dog worth, and I don’t mean to you, but on the open market? How much for the poor fellow to be buried? Other than that, you’ll have a hard time proving damages.
- June 20, 2011 at 4:21 am #441930AnonymousInactive
UPS is screwed. You could also claim permanent damage due to psychological scarring.
- June 20, 2011 at 5:05 am #441931AnonymousInactive
I can offer no legal opinion but you certainly have my sympathy
- June 20, 2011 at 5:12 am #441932AnonymousInactive
Liberty Mutual was correct; your emotional distress, etc is irrelevant. A pet is no different than a tricycle. You can only collect for the value of the dog. A pet is property, like any other inanimate object that you own. You can only collect the value of an elderly dog, as if you were selling him. Sorry, but that’s the law.
- June 20, 2011 at 5:35 am #441933AnonymousInactive
When a delivery person comes onto your property and causes damage, that person’s insuror is responsible for indemnifying you. (Indemnify means to “make whole” again … in other words, to pay you for your loss.)
A pet has a scheduled cash value – a dog is considered property, and Liberty Mutual will compensate you according to their liability schedule.
If you feel it’s not enough, you can ask your insurance company to subrogate. You can also sue Liberty Mutual for any additional money you think you’re owed.
- June 20, 2011 at 6:20 am #441934AnonymousInactive
Follow the links below – It’s letters from a guy in SC back in August who also had his dog ran over in his driveway by a UPS driver. He says Liberty Mutual handled the situation very poorly, and he was considering hiring a lawyer.
- June 20, 2011 at 6:43 am #441935AnonymousInactive
Good luck trying to sue UPS. Their lawyers will chew you up and spit you out in court.
As for your aging dog, well, look on the bright side. You won’t have to have him/her put to sleep now. That saved you at least $ 150 right off the bat.
- June 20, 2011 at 7:38 am #441936AnonymousInactive
I am so sorry to hear about your dog, that is such a tragedy for you. Liberty Mutual is trying to get out of paying money, so please do not sign anything from them until you speak with an attorney. Depending on your state laws, you may be able to get money for ‘pain and suffering’ and for any medical bills that you incur due to emotional pain.
There are attorneys who specialize in representing people who have companion animal cases. One of the nationwide organizations is the Animal Legal Defense Fund. They have a list of Bar Associations and member lawyers in all states who are familiar with animal law.
I know this is a terrible time of grief for you, but please find a local attorney who practices animal rights law who can help you. My heart goes out to you.
- June 20, 2011 at 8:30 am #441937AnonymousInactive
You’ll be lucky to receive anything from the insurance company.
First off animals are considered property, it doesn’t matter to the insurance company, or the law, about how you feel towards your animals.
Secondly, I’m surprised the insurance company hasn’t used inferred culpability on your part. Their argument would be that you knew, the animal had physical limitations. That these limitations could have been life threatening or place it in an unsafe condition, but you allowed the animal to wander anyways.
You, yourself stated, that this was a confined space, but you still allowed a handicapped animal to be in it.
You stated, the driver hit the animal as he was leaving. This means the driver came on your property and you knowing that your dog was handicapped and in a confined space, was allowed to stay in the area.
As a responsible, loving dog owner, you should have brought your animal out of harms way, by placing it on the porch or in the house.
That’s how the insurance company will present this, if they have a mind to. If your only asking for a couple hundred they’ll probably settle just to get it over with.
If you try to hit for the fences, I guarantee you’ll get nadda.
- June 20, 2011 at 8:39 am #441938AnonymousInactive
there is a motor vehicle law in every state that you’re suppose to make sure all is clear ahead (if moving forward) or behind (if going in reverse) before moving your vehicle. Under the letter of this law, UPS is liable, not only for the monetary value of the dog, but the dog had provided you with comfort and companionship, you had looked at this dog as a member of your family. Thus, you had also incurred emotional stress from this experience. You should write a formal letter, and send it via certified with return receipt as proof that they had received your letter. You should explain the events that transpired on the day of your loss, the name of the driver, his truck unit number, and how you suffered anguish and emotional pain over the loss of your beloved companion. Give an initial offer of $ 300 to replace the dog, and maybe $ 700 for your pain and suffering. If they refuse this offer to settle this matter, explain that you’ll be filing in small claims court to recoup your loss. If you go this route, you will ask the court for $ 500 (go to an expensive pet store in an area that’s the equivalent of Rodeo Drive in Beverly HIlls, CA, and get a written estimate of their most prized and expensive dog) to replace the dog, $ 1,000 for your pain and suffering, and $ 3,500 in punitive damages; for a total of $ 5,000 in damages if UPS refuses your initial offer to resolve this matter.
On the $ 500 to replace your dog, the court will only approve what document receipt, or forms you can produce to establish the dog’s monetary value. So if the pet store can only give you a written estimate of $ 200 as their most expensive dog at the moment, then the judge will only grant you $ 200 because that’s the only document you can show to prove the dog’s monetary value.
If you’re not familiar with punitive damage, you’re asking the judge to punish UPS for their negligence in running over your dog. On punitive damage, the judge might give you all of it, a portion of it, or none of it. The driver was in fact negligent in putting the truck in gear without looking under his truck as he climbed on board.
- June 20, 2011 at 9:32 am #441939AnonymousInactive
I understand your feelings about your dog, but don’t let emotion tell you what to do.UPS certainlky won;t let emotionfigure into any settlement.,
So, before you listen to people who are telling you to get a lawyer right away, wait and see what UPS will offer you.
I don’t suggest a lawsuit. Remember,this won’t be the first time a UPS truck ran over a dog, and they have corporate guidelines as to what kind of settlement they will offer.
- June 20, 2011 at 9:34 am #441940AnonymousInactive
omg, this is horrible.
my aunt is a UPS driver, and she said you must park on the street.
i bet he was a very new driver. (with the busy holidays and all)
and, i bet, in this unique situation, UPS could very much so be liable.
but, i bet they would try to say your dog was so old, it isn’t worth that much money.
if he never stopped.. how did he say he didn’t know he hit him?
i think i would ask for $ 10,000… (to cover bills at least)
but, if a UPS man ran over a child… who had a leg injury, there would be hella money involved.
good luck- I’m glad he didn’t die.
- June 20, 2011 at 10:10 am #441941AnonymousInactive
the fair market value of an old decrepit lab is 14 bucks…ask for 200 hundred and settle for fifty!!!!!
- June 20, 2011 at 10:13 am #441942AnonymousInactive
Stuart is right on with the response. UPS insurer will compensate according to their list of values. As far as the driver UPS will put the accident in his employee file and that’s it, unless he has previous accidents he could be suspended or fired. As far as suing…..good luck dogs are hit all the time. And as far as UPS drivers pulling in driveways, they do all the time if they can get in and out easily. We are instructed to walk if its a short distance from the road, if not back in.
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