Who is responsible to pay for vehicle damage when your pet is hit by a car?

Question

We live in a rural area, outside of city limits, so the dog is not required to be on a leash/chain. That being said, she was running across the road when she was hit.

Hard to fathom or not, there is NO LEASH LAW. And my dog was in front of my house when she was hit. The driver did say they had insurance, and that their insurer told them our homeowner's insurance should cover the cost of the accident. As we are renters we don't have homeowner's insurance, Does that mean he has to use his comprehensive coverage?

Also, thanks for all the kinds words. Our dog did survive with just some scratches and bruises...had to get stitches and spend two days at the vet. We do have a vet bill of over $400, but we would never dream of asking the driver to pay. It was an accident, and we are just glad that our pet is okay.

Answer 1

-If your dog did not break the law and was permitted to run free "within your home area", you do not have to worry about and let the owner of the vehicle pay for the damages.
-Now, if your dog was too far away from home you may run into some troubles when reported to the authorities. But, you have the stronger case because "all drivers" must be careful and conscious while driving a vehicle.
-Lastly, if nothing what so ever is found illegal from your part, the driver besides paying the vehicle expenses, also may have to pay for the dog's care and/or lost, and for your psychological being (lost and suffering).

-(Now, play your cards well and remember that in most cases like this one even your best friend could turn on you... Good luck, and I am so very sorry about your lovely dog.)-

Answer 2

I am a dog owner. I love my dog to bits, however if she should cause an accident, I would be mortified. You state that because of your rural area your dog is not required to be on a leash. I live in a rural area and I never let my dog off her leash. However, your dog is your responsibility. Only when a pet is trained enough to be by your side at all times, should you feel confidant to let it off the leash. Regard vehicle damage, it would depend if the vehicle was speeding and therefore at fault. I sympathise that your dog was injured but would ask that you spare some time to think of the motorist, who whilst driving well within the speed limit, suddenly comes across a dog in the road. I have encountered that myself and luckily avoided mishap. It could have been worse - dog runs across road - car swerves - family with children crash and perish! What would you prefer? There was a previous response from a legal-eagle who said that by law you were covered - Think about it?!

Answer 3

You are at fault. And I find it hard to fathom that there is no leash law where you are. Even in the country, there is a law against dogs running at large...the leash laws are not just for city areas.
If you are irresponsible and leave your dog off leash, you are responsible for the vet bills and damage to the car that hit it.

They can sue you in small claims court. Many have won with the same situation. They may not want to make a claim against their insurance. And the difference between hitting a deer and a owned companion animal is VAST!!! THe deer is a wild animal with no caretaker. The dog is PET and SHOULD have an owner that takes proper care of it. You failed at that and there was damage caused by your failure.

No matter how you slice it, you are at fault!!!

Answer 4

This would be considered a collision and the insurance company would have to determine who is at fault. You should make a claim with your insurance company. The problem is that if the fault cannot be placed on the dog's owner, you will be responsible for the deductible part of the damage.

You might try arguing that the accident falls under comprehensive coverage rather than collision.

Answer 5

It all depends on how the laws are written in your city or county governing pet laws and regulations. The best thing to do is talk to your insurance company and if that does not work get in touch with an attorney. If your pet was injured I am sorry to hear that I don't like to see animals injured because of human error. Do not accept any responsibility for the damage cause to the other persons vehicle until you have gotten legal representation. Good Luck! I hope your pet will be o.k. and if it was killed I hope it did not suffer to much.

Dominus Vobiscum
Don

Answer 6

I would think that the driver's insurance should pay for the auto repairs - what's the differnece if he hit a deer or a dog? Don't let him think you are responsible for the car damage. Glad your dog is going to be ok. You might think about getting a fence even if you are in a rural area. Your dog may not be so lucky next time.

Answer 7

There was a case like this in duluth mn. Someone was driving and hit a dog that had run loose from its owner. If he had wanted to sue the owners for damages he could have according to the judge since there were leash laws. The driver got so much hell from people in the town though he did not ask for damages.

Answer 8

You are.. Doesn't matter if you have a leash law or not.. Unless your dog is a motorized vehicle, he is not supposed to be running at large, or on the road.. Your dog, your fault.. Besides if she wasn't crossing the road properly.. Then she should't be out and crossing the road alone.. You should keep your dog at home in the yard if you aren't willing to pay for the damage your dog causes.

Answer 9

was dog in crosswalk, or jaywalking?
is your area considered "open range"?
i know these seem like silly questions, but they do make a difference
If i run into a cow in "open range" area, my pick-up truck insurance pays for the cow. if not an "open range" county, the farmer who owns the cow pays for my vehicle
I would be willing to bet the dog owner is responsible, but the vehicle insurance may cover it under comprehensive

Answer 10

Generally, since there is no leash law, it would be covered by the comprehensive coverage of the driver of the vehicle. Same concept as hitting a deer.