Justin314159
New Member
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If a dog is hot by a car in the country outside city limits who is at fault? Dog owner or driver. Thank you, please let me know if I’ve posted this in the wrong place.
Dog Hit by Car
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Al3x Lee
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Give us some more details, did you hit the dog? What insurance company are you with? What state are you in?
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The dog is at fault for chasing cars.
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Justin314159
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Thanks for the reply. Someone hit and killed my dog outside city limits. He is hounding me for $1000 for his deductible for his car and says the insurance company is going to come after me for the damages. There is a police report for the incident and all my info was on the dog tag. I’m in Oklahoma.
Al3x Lee
Guru
- 952
Sorry to hear it was your dog. Was anyone injured or was it just property damage? That's a tough situation, there could be liability on your part, and it could be dangerous if it went to subrogation if there was extensive property damage or injuries.
- 2,623
I assume this happened in the street. How did your dog end up out in the street? How big was your dog that it damaged the car for over $1000? Have you been given the repair bill? If not, ask for it?
Yes, it's quite likely that his insurance will come after you for reimbursement. It's called subrogation and it typically seeks the full amount of the claim including the deductible so you can ignore the deductible issue for the moment.
I suggest you report this to your homeowner's insurance company. They will determine if you were negligent and pay the claim if you were and defend you if there is doubt.
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Justin314159
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My adult Labrador of about 40 lbs. got out of the fence during a storm with lots of thunder and ran into the street by my house. No one else was injured. I have not asked for repair bill, I’m trying not to admit guilt at this point. Where can I find a legal statement defining me as the party at fault? Everyone I talk to (family, friends, attorney friends) says it’s ridiculous to think I’m at fault and that if anything he is the one that owes damages to me. I can’t talk sensibly with them because they think it’s crazy to even think I could owe him our insurance company. Thanks for your help.
- 4,575
in michigan, I believe you would be responsible for the damage to the drivers vehicle damage (leash law) & he may be responsible for the damages to your animal. I know, doesnt make a ton of sense, but that is Michigan no-fault laws, or was the way the law was for years. Make make a diffierence if it is a domesticated animal compared to a farm animal like cow/horse
- 2,623
I'm not surprised that your friends and family are clueless about negligence law but I wonder what kind of attorneys you talked to that might also be clueless.
There is probably a specific law in your state that makes you responsible for your dog getting out and doing damage. I don't have the time to look it up.
But even if there isn't a specific law, negligence law (common law, not statute) says you have a duty to keep your dog from running at large and if you fail in that duty, you are responsible for the damage or injury caused by your dog.
How did he get out of the fence?
- 2,263
Call your insurance carrier and let them handle it. That's what you pay them for. Let their claims people decide whether you are liable, not friends and family.
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