December 31st, 2009 → 12:32 am @ admin // 3 Comments
My friend was @ her boyfriends house in the garage getting ready to put her dog in the car w hen the Lab saw a cat run across the yard and chased it. The cat ran into the road & the dog followed- both got hit by a car. Dog is ok- cat died. The car was dented (amount damage unkown) My friend spent 12 hrs in the vet with the dog and in the mean time the car owner reported it to his car insurance co. The police came by looking for her and when they finally found her they wanted her name & phone number for the report. Now the insurance co sent her a letter asking for her insurance info. Her car wasn’t involved so I told her they probably want her boyfirned’s homeowner’s insurance info. Would homewoners cover the damage to the car because the dog ran from the yard of the house into the road? I did not know what to tell her. She is in NJ. I told her to call an agent & pose the question to get an unbiased opinion rather than call the homeowners 1st. Can the insurance company come after her?
shoshida
8 months ago
1. She is not obligated to tell the other party’s insurance company anything. Certainly she should consult with an attorney or her own insurance company before making any statement.
2. Assuming a theory which would make her liable for not securing her dog, she should contact all of the following: her auto insurance policy, her homeowner’s or renter’s insurance (if she has such) and the boyfriend’s homeowner’s or renter’s (if he has such).
3. She should discuss with an attorney (not her insurance company — they defend, they don’t sue) the possibility of suing the driver for the injury to the dog on the theory that when driving in a residential area one should be on alert for cats, dogs and small children running into the road.
LizTalks
8 months ago
the car owner’s insurance company needs to sue the dog on behalf of their client
it’s not as unusual as you might think; a lot of my clients are dogs
cece
8 months ago
Unfortunately yes the insurance Co can come after her. It is for failure to properly contain the dog. Now she can go after the cat owner. Most likely though this would be covered under homeowners insurance if he is a renter than the owners insurance would be liable. Either way she needs to contact a lawyer.