Because the UPS truck driver carelessly ran over my elderly dog in MY PRIVATE driveway, is UPS liable?

Question

He was also afflicted with aurthritis and was recovering from a leg injury. The guy was driving like your typical UPS driver this time of year. It was in a confined space and he hit him as soon as he started to drive away. My dog was a 70lb. Labrador retriever. He never stopped, drove off and claimed that he did no know that he hit him. Libery Mutual is the insurer. How much should I ask for a settlement in US $? he was my world and that is no sh!t. I have no children. My dogs are my children. The folk's at Liberty Mutual informed me right away that he was considered property and that it would be handled differently than if it was a human being.

The driver was a "fill in". The regular driver always parked on the highway. The "fill in" driver told me that "all's you need is a few more dogs" as he handed me my package.

Answer 1

Follow the links below - It's letters from a guy in SC back in August who also had his dog ran over in his driveway by a UPS driver. He says Liberty Mutual handled the situation very poorly, and he was considering hiring a lawyer.

Answer 2

You'll be lucky to receive anything from the insurance company.

First off animals are considered property, it doesn't matter to the insurance company, or the law, about how you feel towards your animals.

Secondly, I'm surprised the insurance company hasn't used inferred culpability on your part. Their argument would be that you knew, the animal had physical limitations. That these limitations could have been life threatening or place it in an unsafe condition, but you allowed the animal to wander anyways.

You, yourself stated, that this was a confined space, but you still allowed a handicapped animal to be in it.

You stated, the driver hit the animal as he was leaving. This means the driver came on your property and you knowing that your dog was handicapped and in a confined space, was allowed to stay in the area.

As a responsible, loving dog owner, you should have brought your animal out of harms way, by placing it on the porch or in the house.

That's how the insurance company will present this, if they have a mind to. If your only asking for a couple hundred they'll probably settle just to get it over with.

If you try to hit for the fences, I guarantee you'll get nadda.

Answer 3

I understand your feelings about your dog, but don't let emotion tell you what to do.UPS certainlky won;t let emotionfigure into any settlement.,
So, before you listen to people who are telling you to get a lawyer right away, wait and see what UPS will offer you.
I don't suggest a lawsuit. Remember,this won't be the first time a UPS truck ran over a dog, and they have corporate guidelines as to what kind of settlement they will offer.

Answer 4

Stuart is right on with the response. UPS insurer will compensate according to their list of values. As far as the driver UPS will put the accident in his employee file and that's it, unless he has previous accidents he could be suspended or fired. As far as suing.....good luck dogs are hit all the time. And as far as UPS drivers pulling in driveways, they do all the time if they can get in and out easily. We are instructed to walk if its a short distance from the road, if not back in.

Answer 5

Liberty Mutual was correct; your emotional distress, etc is irrelevant. A pet is no different than a tricycle. You can only collect for the value of the dog. A pet is property, like any other inanimate object that you own. You can only collect the value of an elderly dog, as if you were selling him. Sorry, but that's the law.

Answer 6

omg, this is horrible.
my aunt is a UPS driver, and she said you must park on the street.
i bet he was a very new driver. (with the busy holidays and all)
and, i bet, in this unique situation, UPS could very much so be liable.
but, i bet they would try to say your dog was so old, it isn't worth that much money.

if he never stopped.. how did he say he didn't know he hit him?
i think i would ask for $10,000... (to cover bills at least)
but, if a UPS man ran over a child... who had a leg injury, there would be hella money involved.
good luck- I'm glad he didn't die.

Answer 7

I am so sorry to hear about your dog, that is such a tragedy for you. Liberty Mutual is trying to get out of paying money, so please do not sign anything from them until you speak with an attorney. Depending on your state laws, you may be able to get money for 'pain and suffering' and for any medical bills that you incur due to emotional pain.

There are attorneys who specialize in representing people who have companion animal cases. One of the nationwide organizations http://www.aldf.org/ is the Animal Legal Defense Fund. They have a list of Bar Associations and member lawyers in all states who are familiar with animal law.

I know this is a terrible time of grief for you, but please find a local attorney who practices animal rights law who can help you. My heart goes out to you.

Answer 8

When a delivery person comes onto your property and causes damage, that person's insuror is responsible for indemnifying you. (Indemnify means to "make whole" again ... in other words, to pay you for your loss.)

A pet has a scheduled cash value - a dog is considered property, and Liberty Mutual will compensate you according to their liability schedule.

If you feel it's not enough, you can ask your insurance company to subrogate. You can also sue Liberty Mutual for any additional money you think you're owed.

Answer 9

there is a motor vehicle law in every state that you're suppose to make sure all is clear ahead (if moving forward) or behind (if going in reverse) before moving your vehicle. Under the letter of this law, UPS is liable, not only for the monetary value of the dog, but the dog had provided you with comfort and companionship, you had looked at this dog as a member of your family. Thus, you had also incurred emotional stress from this experience. You should write a formal letter, and send it via certified with return receipt as proof that they had received your letter. You should explain the events that transpired on the day of your loss, the name of the driver, his truck unit number, and how you suffered anguish and emotional pain over the loss of your beloved companion. Give an initial offer of $300 to replace the dog, and maybe $700 for your pain and suffering. If they refuse this offer to settle this matter, explain that you'll be filing in small claims court to recoup your loss. If you go this route, you will ask the court for $500 (go to an expensive pet store in an area that's the equivalent of Rodeo Drive in Beverly HIlls, CA, and get a written estimate of their most prized and expensive dog) to replace the dog, $1,000 for your pain and suffering, and $3,500 in punitive damages; for a total of $5,000 in damages if UPS refuses your initial offer to resolve this matter.

On the $500 to replace your dog, the court will only approve what document receipt, or forms you can produce to establish the dog's monetary value. So if the pet store can only give you a written estimate of $200 as their most expensive dog at the moment, then the judge will only grant you $200 because that's the only document you can show to prove the dog's monetary value.

If you're not familiar with punitive damage, you're asking the judge to punish UPS for their negligence in running over your dog. On punitive damage, the judge might give you all of it, a portion of it, or none of it. The driver was in fact negligent in putting the truck in gear without looking under his truck as he climbed on board.

Answer 10

Yep, a dog is property. And I'm sorry for your loss, I know how much one can love a pet. But you're entitled to recovery of your monetary damages, and nothing more. How much was the dog worth, and I don't mean to you, but on the open market? How much for the poor fellow to be buried? Other than that, you'll have a hard time proving damages.

Good luck.