Article Score0

my dog was hit by car and we were yelling and screaming for her to slow down but she was not paying attention and my dog who was standing on the side of the road bc there was another dog across the street was hit. this woman was not paying attention and bc of that my dog is now in surgery. it is very expensive, is there anyway my home owners insurance or the womans car insurance will pay for the bills?
ok does a shock collar count??

5 Thoughts on will home owners insurance or the drivers insurance pay for my dogs med. bills?
  1. Reply
    Clark S
    December 19, 2012 at 12:55 pm

    If your dog was not on a leash, probably not. Your dog was not being controlled.

  2. Reply
    StephenWeinstein
    December 19, 2012 at 1:02 pm

    If you saw the car coming in time to yell and scream for her to slow down, then I don’t understand why you did not just get the dog out of the street.

    Homeowner’s insurance will not pay for medical bills for your own dog. And don’t try. If you try to get your homeowner’s insurance to pay any money related to your dog, they may get afraid that something else will happen with your dog for which they will have to pay (like if it bites a child) and decide to cancel your policy.

    The only type of insurance that will pay for medical bills for a dog owned by the same person as has the insurance is pet insurance, for that dog.

    As far as the car insurance goes, that is a more difficult question. In most states, it depends on whose fault the accident was. Depending on the circumstances, this could depend on:
    a) Whether the dog was being walked across the street, by a human, in a legal crosswalk, or was just standing still in a part of the road in a place where only moving cars are supposed to be.
    b) Even if she had been paying attention, would she have been able to see the dog with her eyes (it is usually not possible for a person in a car to hear yelling and screaming outside of the car, even if they are paying attention)?
    c) Was she speeding?
    d) What type of road was this? Is it one that should have only cars, no dogs? Is it one where children commonly play in the road, so drivers should be watching for that?

  3. Reply
    MSAD
    December 19, 2012 at 1:51 pm

    Neither.

    The car was in the road.
    The dog was in the road.

    The driver of the car is not legally responsible for your dogs injuries. However, You could end up being responsible for the damage to the car that was caused by your dog.

    As others have suggested, by all means call her insurance company and put in a claim. The adjuster will investigate the claim then deny you. The adjuster will then turn the file over to the Subrogation department to come after you to pay for the damage to their insureds car.

    Leash laws require that you keep your dog on your property. You failed to do that. The car was traveling on the public street. The dog should not have been in the street.

    If the car had driven up into your yard and hit your dog – completely different story. But the car was not driving through your yard, it was driving on the street. Which means your dog was on the street.

    Your homeowners insurance will not pay for the dogs injuries. However, if the cars insurance company comes after you for the damage to their car, then you may want to notify your homeowners carrier to see if your homeowners liability coverage will pay for the car.

    As far as your dogs vet bills go, you will have to pay that out of pocket.

  4. Reply
    car253
    December 19, 2012 at 2:24 pm

    Homeowners insurance does not cover this situation. Homeowners insurance only covers a dog bite and not all insurance companies cover that either. This situation is ONLY covered under auto insurance. The driver of the car that hit your dog is liable for the accident. It is covered under the liability property damage part of the auto insurance policy. She damaged your property.

    Dogs are considered property when it comes to the law. So, put in a claim on her auto insurance policy for payment of your dogs vet bills. If she refuses to give you her auto insurance information you will have to sue her in small claims court. Then she will give you her insurance information because she will then put in a claim with her auto insurance for them to pay you. Her auto insurance company will get in contact with you to pay the vet bills. I hope you do not have to go through all of that and she just gives you her auto insurance info. Turn the vet bills into her auto insurance company. Too bad the law does not also give a settlement for “pain and suffering” for the family under this situation. I think that should change.

    ++ I don’t know why I am getting a thumps down but I really do know about this situation. Although, it may vary by state. A dog is considered property. If a car hits a dog the property is damaged and covered.

  5. Reply
    Just Me
    December 19, 2012 at 2:27 pm

    MSAD is exactly right. YOU actually may have to contact your carrier to protect you against the damage your unleashed (a shock collar does not count) dog. The damages to her vehicle are your responsibility.

    I’ve been doing this over 24 years and NEVER, NOT ONCE, in any case I’ve seen has the driver of the car been held liable for hitting a dog. The dog is your property, therefore you are responsible for it. When it’s in the road, you owe for damages. YOU caused the damage by being negligent with your animal. Period.

    Leave a reply

    Register New Account
    Reset Password