My neighbor's dog is always running away and I have told him that many times. Yesterday when I was coming home the dog ran right in front of my car and I accidently hit him. Unfortunatle the dog did not servive, but that's not the problem. The dog was a German Shepperd so it did a lot of damage to the front of my car. Sshould I sue my neighbor?
2007-01-10 10:45:40 · 15 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes
Your neighbour may have insurance to cover it. Any way why should you have to pay just because he can't control his dog.
He may never speak to you again though. But that may not be a loss
2007-01-10 10:56:28 · answer #1 · answered by Philip W 7 · 2⤊ 0⤋
You did file a police report right? Without it you are going to have trouble collecting anything. Then get an estimate of the damage. the next step depends on a few things.
1. Do you like you neighbor? If you sue you're going to strain the relationship at the very least.
2. If you and your neighbor get a long I would ask for him to pay for the damage. (I suspect that's going to be a no, he'll claim you killed his dog and might threaten to sue you.)
3. If he refuses then file suit. He didn't take due care in keeping his dog under control. I'm assuming you called to police a few times about the dog being loose, if not you're going to need to line up some witnesses that can testify that dog had gotten loose on a number of occasions. If it was the first time the dog got out, or someone let him out (without you neighbor's knowlegde), then you might not be able to recover damages.
Oh did you call your insurance agent? Your insurance might cover the damage.
2007-01-10 12:10:08 · answer #2 · answered by Richard 7 · 0⤊ 0⤋
First of all, it would depend on local laws. If there is a local ordinance in place that mentions that dogs are not allowed to run free, then you might have a case. If there is not, the neighbor did nothing wrong. He might even turn it against you by claiming that you knew his dog frequently ran away and thus should have been more vigilant in driving in the area. As many have suggested, your insurance will probably cover it. Have your insurance cover it and ask that your neighbor cover your deductible. That is probably all a court would award you anyway since you also have the obligation to minimize your loss as much as possible.
By the way, gee, it is such a terrible loss that your precious car was damaged, that sir, is not the problem, the vehicle can be repaired, the problem is that the pet was KILLED.
2007-01-10 11:36:09 · answer #3 · answered by Jim T 4 · 0⤊ 2⤋
Yes you can. but you will have to make the claim with your insurance provider. If your insurance doesn't cover the damage, you cna take your neighbor to small claims court to recoup cost (get estimates from at least 2 body shops); since he failed to keep control of his animal.
2007-01-10 11:06:24 · answer #4 · answered by arus.geo 7 · 0⤊ 0⤋
yes you should.it wasn't your fault the dog ran in front of ur car .Did u ask ur neighbor 1st to take the responbility?i'd give him a chance to say if he will pay you or not then if he says no just sue him.U even told him that his dog runs away.
2007-01-10 11:17:49 · answer #5 · answered by sarah c 1 · 1⤊ 0⤋
I think you should get some estimates and at least talk to your neighbor before you start any action. I am assuming he is aware of the Dogs untimely demise and the damage to your car.
2007-01-10 11:09:40 · answer #6 · answered by Plain Jane 3 · 1⤊ 1⤋
Yes, your neighbor was obliged to keep his dog restrained. The damage done is his responsibility.
2007-01-10 11:26:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It is covered under the comprehensive portion of your auto policy. Let your ins co pay for it and they will go after your neighbor.
2007-01-10 11:09:37 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Ask him to pay for the damage first. If he refuses to do so, then Small Claims Court would be the best bet.
2007-01-10 11:08:48 · answer #9 · answered by Bostonian In MO 7 · 2⤊ 0⤋
Your neighbor can cure the damage w/ their home insurance thats if they have it, there should be no need to sue.
2007-01-10 11:29:46 · answer #10 · answered by calfgoldmind 2 · 0⤊ 1⤋