Incident

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asnlc
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Incident

Post by asnlc »

Hoping to get some advice from the BH crew. I was walking a family member's dog and he bit someone. I don't know how bad things might be get from a medical standpoint and whether or not we'll be sued, but should we contact our insurance now or wait until medical bills and/or a lawsuit presents itself? Located in California - I think the statute of limitations is 2 years for personal injury suits. Don't want premiums to go up in case nothing ever materializes out of this, yet want to be protected financially. I have homeowners as well as an umbrella policy. Any advice would be appreciated.
Last edited by asnlc on Thu Aug 25, 2022 1:34 am, edited 3 times in total.
CrossOverGuy
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Re: Dog bit someone - contact insurance now or wait?

Post by CrossOverGuy »

Can't answer the insurance part, but I do hope you'd contact the injured person to let them know if the dog is up to date on its shots (or give the dog's vet's name and number for proof) so they don't worry about rabies, etc. or have to preventively get rabies shots. That would show good will and consideration on your part. Meanwhile you could be noncommittal about offering anything in the way of monetary help until you've gotten answers re: your insurance.
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asnlc
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

CrossOverGuy wrote: Wed Sep 15, 2021 2:12 pm Can't answer the insurance part, but I do hope you'd contact the injured person to let them know if the dog is up to date on its shots (or give the dog's vet's name and number for proof) so they don't worry about rabies, etc. or have to preventively get rabies shots. That would show good will on your part. Meanwhile you could be noncommittal about offering anything in the way of monetary help until you've gotten answers re: your insurance.
Yes, we've given them the vaccination info so they'd have peace of mind. We have stayed noncommittal on the monetary part since we're really not sure what to do.
SanAntionetta
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Re: Dog bit someone - contact insurance now or wait?

Post by SanAntionetta »

You should get in touch with the dog owners' insurance first (are they a household member?) since they are strictly liable for the actions of their pets.

I would recommend contacting the insurer ASAP. They might be able to reach out to the injured party and resolve the matter before they get too litigious. Seriously the earlier the better. (I used to do this for a living)
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asnlc
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

SanAntionetta wrote: Wed Sep 15, 2021 2:17 pm You should get in touch with the dog owners' insurance first (are they a household member?) since they are strictly liable for the actions of their pets.

I would recommend contacting the insurer ASAP. They might be able to reach out to the injured party and resolve the matter before they get too litigious. Seriously the earlier the better. (I used to do this for a living)
Yes, they're a household member. The caveat is we do have some finances mixed up (own a home together) but the umbrella policy was drawn under my name. At this point, I'm sort of lumping us into the same entity (we're both affected) even though the dog belongs to them. Had civil conversations with the other party and we do not know the extent of potential injury. Sounds like you would still reach out to insurance asap to get a head start. What was your job before - insurance or on the legal side? Any idea if my premiums will shoot up if I reach out to insurance, but do not file a claim? TY.
SanAntionetta
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Re: Dog bit someone - contact insurance now or wait?

Post by SanAntionetta »

asnlc wrote: Wed Sep 15, 2021 2:25 pm
SanAntionetta wrote: Wed Sep 15, 2021 2:17 pm You should get in touch with the dog owners' insurance first (are they a household member?) since they are strictly liable for the actions of their pets.

I would recommend contacting the insurer ASAP. They might be able to reach out to the injured party and resolve the matter before they get too litigious. Seriously the earlier the better. (I used to do this for a living)
Yes, they're a household member. The caveat is we do have some finances mixed up (own a home together) but the umbrella policy was drawn under my name. At this point, I'm sort of lumping us into the same entity (we're both affected) even though the dog belongs to them. Had civil conversations with the other party and we do not know the extent of potential injury. Sounds like you would still reach out to insurance asap to get a head start. What was your job before - insurance or on the legal side? Any idea if my premiums will shoot up if I reach out to insurance, but do not file a claim? TY.
Both - I'm a lawyer but I work in the insurance industry. The premium question really depends, and your agent would know most about that. If they don't like the breed of your dog they may drop you altogether.

Your umbrella most likely follows form to your homeowners policy, but this does not sound like a significant case to worry about the umbrella. the most common HO form defines an insured as you and household members that are relatives. You said family member so I'm assuming they are a relative and thus also qualify as an insured.

I would absolutely reach out to your homeowners coverage like I said. If they are amenable, maybe they can resolve it for a reasonable sum and you can have some peace of mind. The injured party is entitled to compensation, why make them wait and aggravate them. It's uncommon for someone to not pursue a claim at all, especially in a litigious state.
HomeStretch
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Re: Dog bit someone - contact insurance now or wait?

Post by HomeStretch »

In addition to notifying the insurer, it’s possible the dog’s owner may be required to report a biting incident to the town’s animal control department.
exodusNH
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Re: Dog bit someone - contact insurance now or wait?

Post by exodusNH »

asnlc wrote: Wed Sep 15, 2021 2:25 pm
SanAntionetta wrote: Wed Sep 15, 2021 2:17 pm You should get in touch with the dog owners' insurance first (are they a household member?) since they are strictly liable for the actions of their pets.

I would recommend contacting the insurer ASAP. They might be able to reach out to the injured party and resolve the matter before they get too litigious. Seriously the earlier the better. (I used to do this for a living)
Yes, they're a household member. The caveat is we do have some finances mixed up (own a home together) but the umbrella policy was drawn under my name. At this point, I'm sort of lumping us into the same entity (we're both affected) even though the dog belongs to them. Had civil conversations with the other party and we do not know the extent of potential injury. Sounds like you would still reach out to insurance asap to get a head start. What was your job before - insurance or on the legal side? Any idea if my premiums will shoot up if I reach out to insurance, but do not file a claim? TY.
If the injured person had health insurance, what's likely to happen is that they went to the ER/urgent care/doctor. The provider took their insurance information and filled out the treatment forms. Within a couple of weeks, the injured person is going to get a letter from their insurance company asking for details on the injury. Their insurance company is looking for someone to cover the bill. They'll give them your name; now you're going to find yourself either getting directly contacted by that insurance company or they're going to contact your insurance company.

Better to get ahead of this. If nothing else, at least you won't spend the next two months dreading getting the mail or a listening to voice mail.
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asnlc
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

SanAntionetta wrote: Wed Sep 15, 2021 2:40 pm
asnlc wrote: Wed Sep 15, 2021 2:25 pm
SanAntionetta wrote: Wed Sep 15, 2021 2:17 pm You should get in touch with the dog owners' insurance first (are they a household member?) since they are strictly liable for the actions of their pets.

I would recommend contacting the insurer ASAP. They might be able to reach out to the injured party and resolve the matter before they get too litigious. Seriously the earlier the better. (I used to do this for a living)
Yes, they're a household member. The caveat is we do have some finances mixed up (own a home together) but the umbrella policy was drawn under my name. At this point, I'm sort of lumping us into the same entity (we're both affected) even though the dog belongs to them. Had civil conversations with the other party and we do not know the extent of potential injury. Sounds like you would still reach out to insurance asap to get a head start. What was your job before - insurance or on the legal side? Any idea if my premiums will shoot up if I reach out to insurance, but do not file a claim? TY.
Both - I'm a lawyer but I work in the insurance industry. The premium question really depends, and your agent would know most about that. If they don't like the breed of your dog they may drop you altogether.

Your umbrella most likely follows form to your homeowners policy, but this does not sound like a significant case to worry about the umbrella. the most common HO form defines an insured as you and household members that are relatives. You said family member so I'm assuming they are a relative and thus also qualify as an insured.

I would absolutely reach out to your homeowners coverage like I said. If they are amenable, maybe they can resolve it for a reasonable sum and you can have some peace of mind. The injured party is entitled to compensation, why make them wait and aggravate them. It's uncommon for someone to not pursue a claim at all, especially in a litigious state.
Sounds like this is quite up your alley then. The person who was bitten also has some other medical conditions, so that has taken my concerns up a notch (less due to the bite itself but from the dog jumping). It may make sense for them to wait and see what happens (similar to backlash in a car accident) rather than settle outright. That's just my guess. If it were up to me, I'd like to have everything squared away asap so I can move on and like you said, for peace of mind. Other option is to wait and see what happens and to pay for their medical coverage out of pocket, though I have no idea if it's going to be $50 or $50,000+. If it will be a large amount, insurance will be involved anyway.
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asnlc
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

HomeStretch wrote: Wed Sep 15, 2021 2:43 pm In addition to notifying the insurer, it’s possible the dog’s owner may be required to report a biting incident to the town’s animal control department.
Animal control is already aware of the incident.
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cowdogman
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Re: Dog bit someone - contact insurance now or wait?

Post by cowdogman »

Tough issue.

If the bite was serious--looked like stitches were necessary or on the face or person bitten was a child (or all three)--I would contact my agent. That said, I really like dogs and have been bitten a few times by others' dogs, but nothing worse than a bruise and puncture, and I have never even thought about suing. To collect money from a lawsuit the person suing needs to prove damages. If the harm is a bruise and a small puncture on an adult, a lawsuit is unlikely, tho you may get a request to cover a doctor's visit.

In terms of risks of contacting your agent, I would think the main risk would be cancellation of insurance at the next renewal, not higher premiums. Cancellation may depend on the breed of dog--Yorkshire Terrier vs. Pit Bull. Insurers don't like dog breeds that are known to be aggressive. Finding insurance after cancellation may be difficult.

Another risk is that you may get a visit from Animal Control (or whatever they are called where you are). Animal Control will make its own assessment of the dog, tho the likely result will be that you will be warned that the consequences from the next bite will be more serious for you and the dog.
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asnlc
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

exodusNH wrote: Wed Sep 15, 2021 2:49 pm
asnlc wrote: Wed Sep 15, 2021 2:25 pm
SanAntionetta wrote: Wed Sep 15, 2021 2:17 pm You should get in touch with the dog owners' insurance first (are they a household member?) since they are strictly liable for the actions of their pets.

I would recommend contacting the insurer ASAP. They might be able to reach out to the injured party and resolve the matter before they get too litigious. Seriously the earlier the better. (I used to do this for a living)
Yes, they're a household member. The caveat is we do have some finances mixed up (own a home together) but the umbrella policy was drawn under my name. At this point, I'm sort of lumping us into the same entity (we're both affected) even though the dog belongs to them. Had civil conversations with the other party and we do not know the extent of potential injury. Sounds like you would still reach out to insurance asap to get a head start. What was your job before - insurance or on the legal side? Any idea if my premiums will shoot up if I reach out to insurance, but do not file a claim? TY.
If the injured person had health insurance, what's likely to happen is that they went to the ER/urgent care/doctor. The provider took their insurance information and filled out the treatment forms. Within a couple of weeks, the injured person is going to get a letter from their insurance company asking for details on the injury. Their insurance company is looking for someone to cover the bill. They'll give them your name; now you're going to find yourself either getting directly contacted by that insurance company or they're going to contact your insurance company.

Better to get ahead of this. If nothing else, at least you won't spend the next two months dreading getting the mail or a listening to voice mail.
I believe they are going to the doctor to get checked out both for the bite and potential impact to their other conditions. Thanks for pointing out how medical insurance could play out - something I hadn't fully considered.
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Re: Dog bit someone - contact insurance now or wait?

Post by JoeRetire »

asnlc wrote: Wed Sep 15, 2021 2:08 pmshould we contact our insurance now or wait until medical bills and/or a lawsuit presents itself?
Contact your insurance agent now. Explain what you know so far. Ask what you should do now. Ask what happens to your policy if you eventually file a claim. That's part of the agent's job - let them do it.

You won't need to commit to filing a claim yet.
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asnlc
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

cowdogman wrote: Wed Sep 15, 2021 2:56 pm Tough issue.

If the bite was serious--looked like stitches were necessary or on the face or person bitten was a child (or all three)--I would contact my agent. That said, I really like dogs and have been bitten a few times by others' dogs, but nothing worse than a bruise and puncture, and I have never even thought about suing. To collect money from a lawsuit the person suing needs to prove damages. If the harm is a bruise and a small puncture on an adult, a lawsuit is unlikely, tho you may get a request to cover a doctor's visit.

In terms of risks of contacting your agent, I would think the main risk would be cancellation of insurance at the next renewal, not higher premiums. Cancellation may depend on the breed of dog--Yorkshire Terrier vs. Pit Bull. Insurers don't like dog breeds that are known to be aggressive. Finding insurance after cancellation may be difficult.

Another risk is that you may get a visit from Animal Control (or whatever they are called where you are). Animal Control will make its own assessment of the dog, tho the likely result will be that you will be warned that the consequences from the next bite will be more serious for you and the dog.
I doubt stitches would be needed, though I'm not 100% sure. Had also found out the guy has some other conditions that could be impacted just by the dog jump - I think that's putting me on higher alert. Good point on cancellation - yeah, that'd be worse than rates increasing. Have no idea on the breed since he's quite the mutt. Animal control did come by - dog's on quarantine for a week and a half.
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TxAg
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Re: Dog bit someone - contact insurance now or wait?

Post by TxAg »

Have y'all addressed the dog?
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Re: Dog bit someone - contact insurance now or wait?

Post by humblecoder »

We had a dog that accidentally got out and bit a child. We felt terrible about the whole thing. We talked to the girl's grandmother/guardian and said that we would pay for whatever the urgent care bill was (she needed a couple of stitches). No insurance company was involved whatsoever. Felt like the right thing to do.

EDIT: Just FYI, we further took responsibility and ended up putting the dog down. Hard choice, but he wasn't great around people and we didn't want something worse to happen. He tried to keep him away from people when we had company and such, but this incident showed us that as diligent as we tried to be, he could still get out accidentally. I would think about why the dog bit something, if the dog is a risk, and what measures you might need to take to prevent something similar in the future.
exodusNH
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Re: Dog bit someone - contact insurance now or wait?

Post by exodusNH »

asnlc wrote: Wed Sep 15, 2021 2:59 pm
exodusNH wrote: Wed Sep 15, 2021 2:49 pm
asnlc wrote: Wed Sep 15, 2021 2:25 pm
SanAntionetta wrote: Wed Sep 15, 2021 2:17 pm You should get in touch with the dog owners' insurance first (are they a household member?) since they are strictly liable for the actions of their pets.

I would recommend contacting the insurer ASAP. They might be able to reach out to the injured party and resolve the matter before they get too litigious. Seriously the earlier the better. (I used to do this for a living)
Yes, they're a household member. The caveat is we do have some finances mixed up (own a home together) but the umbrella policy was drawn under my name. At this point, I'm sort of lumping us into the same entity (we're both affected) even though the dog belongs to them. Had civil conversations with the other party and we do not know the extent of potential injury. Sounds like you would still reach out to insurance asap to get a head start. What was your job before - insurance or on the legal side? Any idea if my premiums will shoot up if I reach out to insurance, but do not file a claim? TY.
If the injured person had health insurance, what's likely to happen is that they went to the ER/urgent care/doctor. The provider took their insurance information and filled out the treatment forms. Within a couple of weeks, the injured person is going to get a letter from their insurance company asking for details on the injury. Their insurance company is looking for someone to cover the bill. They'll give them your name; now you're going to find yourself either getting directly contacted by that insurance company or they're going to contact your insurance company.

Better to get ahead of this. If nothing else, at least you won't spend the next two months dreading getting the mail or a listening to voice mail.
I believe they are going to the doctor to get checked out both for the bite and potential impact to their other conditions. Thanks for pointing out how medical insurance could play out - something I hadn't fully considered.
It's really annoying. You or your company pay $1000's/year for coverage. The moment you use it, they want you to justify it or point them at someone else to pay the bill.

I was washing a mandoline. It slipped out of hands and sliced through my thumbnail. It involved a trip to the ER, though ultimately there was no permanent damage. Within 10-14 days, I got a letter from my insurance company asking for specific details of the injury, who else might have been involved, and reminding me about workman's comp.
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asnlc
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

TxAg wrote: Wed Sep 15, 2021 3:11 pm Have y'all addressed the dog?
He's a rescue and had some training before and he'll need some more after this.
Last edited by asnlc on Thu Sep 16, 2021 12:38 pm, edited 1 time in total.
beachairs
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Re: Dog bit someone - contact insurance now or wait?

Post by beachairs »

cowdogman wrote: Wed Sep 15, 2021 2:56 pm If the harm is a bruise and a small puncture on an adult, a lawsuit is unlikely, tho you may get a request to cover a doctor's visit.
I was bit by a neighbor's unleashed dog a few years ago. I was just walking down the sidewalk and it had gotten loose, ran up to me, jumped up and bit me on the arm/elbow. Super scary. I went to Urgent care for bruises and punctures (it was a German Shepard). Owners provided vaccination record and offered to pay medical bills immediately, and dog was quarantined. While sore, I didn't miss any work (my job is somewhat physical) so after they promptly paid the Urgent care bill (<$500), I considered it over. I also never saw the dog in the neighborhood again. If the owners hadn't been so responsive, I would definitely have looked into other options.

Within days of it happening, I received junk mail from several "dog bite law firms" who were very eager to help me sue someone...
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asnlc
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

JoeRetire wrote: Wed Sep 15, 2021 3:00 pm
asnlc wrote: Wed Sep 15, 2021 2:08 pmshould we contact our insurance now or wait until medical bills and/or a lawsuit presents itself?
Contact your insurance agent now. Explain what you know so far. Ask what you should do now. Ask what happens to your policy if you eventually file a claim. That's part of the agent's job - let them do it.

You won't need to commit to filing a claim yet.
Just spoke with insurance, though they basically said they don't need anything from me until there's a claim to file. Sounds like it's too early to do anything since we have no idea what's going on with the other person. I think we may wait a day or two to see if there are any updates from the other party and go from there. I would have thought insurance would have been a bit more interested in getting ahead of things as well...but :confused
As for what happens to the policy if we do file a claim, rep said it really varies based on the situation.
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asnlc
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

humblecoder wrote: Wed Sep 15, 2021 3:23 pm We had a dog that accidentally got out and bit a child. We felt terrible about the whole thing. We talked to the girl's grandmother/guardian and said that we would pay for whatever the urgent care bill was (she needed a couple of stitches). No insurance company was involved whatsoever. Felt like the right thing to do.

EDIT: Just FYI, we further took responsibility and ended up putting the dog down. Hard choice, but he wasn't great around people and we didn't want something worse to happen. He tried to keep him away from people when we had company and such, but this incident showed us that as diligent as we tried to be, he could still get out accidentally. I would think about why the dog bit something, if the dog is a risk, and what measures you might need to take to prevent something similar in the future.
So sorry this happened - poor girl and what a difficult decision to make on the dog. I have a feeling my situation won't play out like yours, but thanks for sharing your experience.
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Re: Dog bit someone - contact insurance now or wait?

Post by Sandtrap »

Seek legal counsel ASAP.

Cover your bases.
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asnlc
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

exodusNH wrote: Wed Sep 15, 2021 3:33 pm
asnlc wrote: Wed Sep 15, 2021 2:59 pm
exodusNH wrote: Wed Sep 15, 2021 2:49 pm
asnlc wrote: Wed Sep 15, 2021 2:25 pm
SanAntionetta wrote: Wed Sep 15, 2021 2:17 pm You should get in touch with the dog owners' insurance first (are they a household member?) since they are strictly liable for the actions of their pets.

I would recommend contacting the insurer ASAP. They might be able to reach out to the injured party and resolve the matter before they get too litigious. Seriously the earlier the better. (I used to do this for a living)
Yes, they're a household member. The caveat is we do have some finances mixed up (own a home together) but the umbrella policy was drawn under my name. At this point, I'm sort of lumping us into the same entity (we're both affected) even though the dog belongs to them. Had civil conversations with the other party and we do not know the extent of potential injury. Sounds like you would still reach out to insurance asap to get a head start. What was your job before - insurance or on the legal side? Any idea if my premiums will shoot up if I reach out to insurance, but do not file a claim? TY.
If the injured person had health insurance, what's likely to happen is that they went to the ER/urgent care/doctor. The provider took their insurance information and filled out the treatment forms. Within a couple of weeks, the injured person is going to get a letter from their insurance company asking for details on the injury. Their insurance company is looking for someone to cover the bill. They'll give them your name; now you're going to find yourself either getting directly contacted by that insurance company or they're going to contact your insurance company.

Better to get ahead of this. If nothing else, at least you won't spend the next two months dreading getting the mail or a listening to voice mail.
I believe they are going to the doctor to get checked out both for the bite and potential impact to their other conditions. Thanks for pointing out how medical insurance could play out - something I hadn't fully considered.
It's really annoying. You or your company pay $1000's/year for coverage. The moment you use it, they want you to justify it or point them at someone else to pay the bill.

I was washing a mandoline. It slipped out of hands and sliced through my thumbnail. It involved a trip to the ER, though ultimately there was no permanent damage. Within 10-14 days, I got a letter from my insurance company asking for specific details of the injury, who else might have been involved, and reminding me about workman's comp.
Ouch and yeesh, you'd think you had committed a crime with insurance asking about all the details and who was involved on a kitchen tool incident.
shorty313
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Re: Dog bit someone - contact insurance now or wait?

Post by shorty313 »

Interesting. I was bit by a friend's dog two weeks ago, a big bruise and a small puncture. All shots for dog were up to date but I did have to go in and get a tetanus shot myself, no stitches or anything like that. I never even considered that insurance might reach out for more information. Or that I'd ask her to pay my bill. Time will tell.
Northern Flicker
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Re: Dog bit someone - contact insurance now or wait?

Post by Northern Flicker »

If you have insurance that is marketed through an agent, just give your agent a call. He or she will be able to discuss options, and this should not commit you to filing a claim, nor should it affect your premium if you do not file a claim.

Your claims history informs the risk of insuring you. If insured folks have no change in premium because of a claim, it would mean that those who have no claims would be underwriting some of the risk of those who had claims through higher premiums for everyone across the board.
Last edited by Northern Flicker on Wed Sep 15, 2021 10:42 pm, edited 1 time in total.
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Re: Dog bit someone - contact insurance now or wait?

Post by Lee_WSP »

asnlc wrote: Wed Sep 15, 2021 4:20 pm
exodusNH wrote: Wed Sep 15, 2021 3:33 pm
asnlc wrote: Wed Sep 15, 2021 2:59 pm
exodusNH wrote: Wed Sep 15, 2021 2:49 pm
asnlc wrote: Wed Sep 15, 2021 2:25 pm

Yes, they're a household member. The caveat is we do have some finances mixed up (own a home together) but the umbrella policy was drawn under my name. At this point, I'm sort of lumping us into the same entity (we're both affected) even though the dog belongs to them. Had civil conversations with the other party and we do not know the extent of potential injury. Sounds like you would still reach out to insurance asap to get a head start. What was your job before - insurance or on the legal side? Any idea if my premiums will shoot up if I reach out to insurance, but do not file a claim? TY.
If the injured person had health insurance, what's likely to happen is that they went to the ER/urgent care/doctor. The provider took their insurance information and filled out the treatment forms. Within a couple of weeks, the injured person is going to get a letter from their insurance company asking for details on the injury. Their insurance company is looking for someone to cover the bill. They'll give them your name; now you're going to find yourself either getting directly contacted by that insurance company or they're going to contact your insurance company.

Better to get ahead of this. If nothing else, at least you won't spend the next two months dreading getting the mail or a listening to voice mail.
I believe they are going to the doctor to get checked out both for the bite and potential impact to their other conditions. Thanks for pointing out how medical insurance could play out - something I hadn't fully considered.
It's really annoying. You or your company pay $1000's/year for coverage. The moment you use it, they want you to justify it or point them at someone else to pay the bill.

I was washing a mandoline. It slipped out of hands and sliced through my thumbnail. It involved a trip to the ER, though ultimately there was no permanent damage. Within 10-14 days, I got a letter from my insurance company asking for specific details of the injury, who else might have been involved, and reminding me about workman's comp.
Ouch and yeesh, you'd think you had committed a crime with insurance asking about all the details and who was involved on a kitchen tool incident.
Homeowners usually has a med pay which would pay out, so yes, one's medical insurance would be very interested in the details.
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Re: Dog bit someone - contact insurance now or wait?

Post by H-Town »

asnlc wrote: Wed Sep 15, 2021 2:08 pm Hoping to get some advice from the BH crew. I was walking a family member's dog and he bit someone. I don't know how bad things might be get from a medical standpoint and whether or not we'll be sued, but should we contact our insurance now or wait until medical bills and/or a lawsuit presents itself? Located in California - I think the statute of limitations is 2 years for personal injury suits. Don't want premiums to go up in case nothing ever materializes out of this, yet want to be protected financially. I have homeowners as well as an umbrella policy. Any advice would be appreciated. This is an unfortunate incident for both parties.
Sorry to hear that. I think in addition to contacting homeowner insurance, you should keep in touch with the guy who got bit. A civil lawsuit could very well happen, so make sure you have legal counsel.

It's very unfortunate. Did you keep a leash on the dog? It could play a factor in the civil case.
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Re: Dog bit someone - contact insurance now or wait?

Post by JoeRetire »

humblecoder wrote: Wed Sep 15, 2021 3:23 pmJust FYI, we further took responsibility and ended up putting the dog down. Hard choice, but he wasn't great around people and we didn't want something worse to happen. He tried to keep him away from people when we had company and such, but this incident showed us that as diligent as we tried to be, he could still get out accidentally.
Thank you for being a responsible dog owner.

I'm on the board of directors of an HOA. We have one owner who had a dachshund. It was a wonderful dog - except when it encountered small, white dogs. The owner tried to keep the dog away, but she wasn't strong enough to control the dog when it wanted to attack. After two incidences, we had to ask that the dog be removed from the Association. It caused some hard feelings that still linger, but the board felt that it was the right thing to do. We were worried that this owner, or the owners of the white dogs, would get injured trying to keep the dogs from fighting.

It was sad that the dachshund's owner didn't rehome the dog on her own, but waited for us to get involved.
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Re: Dog bit someone - contact insurance now or wait?

Post by snackdog »

I was bit on the elbow by a medium sized off leash dog. I just dressed it at home and it healed fine. The local animal control offered to euthanize the dog but I requested they just counsel the elderly owner on pet safety instead.
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Re: Dog bit someone - contact insurance now or wait?

Post by JoeRetire »

snackdog wrote: Wed Sep 15, 2021 4:53 pm I was bit on the elbow by a medium sized off leash dog. I just dressed it at home and it healed fine. The local animal control offered to euthanize the dog but I requested they just counsel the elderly owner on pet safety instead.
In my town, a dog would be euthanized only after repeated violations.
Some people shouldn't have pets.
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asnlc
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

beachairs wrote: Wed Sep 15, 2021 4:00 pm
cowdogman wrote: Wed Sep 15, 2021 2:56 pm If the harm is a bruise and a small puncture on an adult, a lawsuit is unlikely, tho you may get a request to cover a doctor's visit.
I was bit by a neighbor's unleashed dog a few years ago. I was just walking down the sidewalk and it had gotten loose, ran up to me, jumped up and bit me on the arm/elbow. Super scary. I went to Urgent care for bruises and punctures (it was a German Shepard). Owners provided vaccination record and offered to pay medical bills immediately, and dog was quarantined. While sore, I didn't miss any work (my job is somewhat physical) so after they promptly paid the Urgent care bill (<$500), I considered it over. I also never saw the dog in the neighborhood again. If the owners hadn't been so responsive, I would definitely have looked into other options.

Within days of it happening, I received junk mail from several "dog bite law firms" who were very eager to help me sue someone...
Bad thing to happen for all parties, but sounds like you and your neighbors handled things well.
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

shorty313 wrote: Wed Sep 15, 2021 4:23 pm Interesting. I was bit by a friend's dog two weeks ago, a big bruise and a small puncture. All shots for dog were up to date but I did have to go in and get a tetanus shot myself, no stitches or anything like that. I never even considered that insurance might reach out for more information. Or that I'd ask her to pay my bill. Time will tell.
Yeah, I'd assume insurance would just count it like a normal visit with no further follow up. Hope your friend does offer to pay.
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

Northern Flicker wrote: Wed Sep 15, 2021 4:30 pm If you have insurance that is marketed through an agent, just give your agent a call. He or she will be able to discuss options, and this should not commit you to filing a claim, nor should it affect your premium if you do not file a claim.

Your claims history informs the risk of insuring you. If insured folks have no change in premium because of a claim, it would mean that those eho hsve no claims would be underwriting some of the risk of those who had claims through higher premiums for everyone across the board.
Don't have a dedicated agent, so ended up calling their 800 number today. The call actually wasn't super helpful - it was to the tune of we should file a claim when needed. I have nothing to go off of at the moment, so can't exactly file a claim. They didn't seem particularly interested that I was calling them as a heads up. They did give some insight into timelines, etc. At this point, it seems like a wait and see thing.
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

H-Town wrote: Wed Sep 15, 2021 4:34 pm
asnlc wrote: Wed Sep 15, 2021 2:08 pm Hoping to get some advice from the BH crew. I was walking a family member's dog and he bit someone. I don't know how bad things might be get from a medical standpoint and whether or not we'll be sued, but should we contact our insurance now or wait until medical bills and/or a lawsuit presents itself? Located in California - I think the statute of limitations is 2 years for personal injury suits. Don't want premiums to go up in case nothing ever materializes out of this, yet want to be protected financially. I have homeowners as well as an umbrella policy. Any advice would be appreciated. This is an unfortunate incident for both parties.
Sorry to hear that. I think in addition to contacting homeowner insurance, you should keep in touch with the guy who got bit. A civil lawsuit could very well happen, so make sure you have legal counsel.

It's very unfortunate. Did you keep a leash on the dog? It could play a factor in the civil case.
Spoke with the guy and we're staying in touch. Yes, the dog was on a leash - guy walked past and dog jumped. First time anything like this has happened, from a dog and also any type of liability standpoint. A bit nervous of the unknowns and with a 2 year cap on statute of limitations on personal injury lawsuits, that could be quite the cloud hanging. I do hope we'll know more and square things away sooner than later.
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Re: Dog bit someone - contact insurance now or wait?

Post by Watty »

It sounds like the attack was unprovoked.

My big concern would be if the dog will do something like that again and go for a kid or attack someone when you are are not quickly able to get it under control.

With it being a rescue dog you likely have no clue about what its history is and if there was a similar problem which caused it to be turned over to the rescue organization, or if the dog was abused and something may trigger future attacks.

It would be good to have a long talk with you vet about if the dog should be put down or not. Turing the dog back into the rescue organization would be an option to consider too.

I am not saying that the dog should automatically be put down but that is a discussion with the vet that you need to have.
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Re: Dog bit someone - contact insurance now or wait?

Post by Strayshot »

Unfortunate situation, let us know how it plays out.

Our litigious society, damages could be claimed as psychological: victim is afraid to go around dogs, which impacts their lifestyle, yadda yadda. You are smart to take every defensive action you can.

If this applied to children together in childcare settings, the civil courts would be backlogged for generations. I can’t count the number of times the kids have bitten or been bitten in the 2-5 age range :oops:

I think it is the “pets are property and owners are responsible” part that differs, but IANAL………
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

Watty wrote: Wed Sep 15, 2021 6:24 pm It sounds like the attack was unprovoked.

My big concern would be if the dog will do something like that again and go for a kid or attack someone when you are are not quickly able to get it under control.

With it being a rescue dog you likely have no clue about what its history is and if there was a similar problem which caused it to be turned over to the rescue organization, or if the dog was abused and something may trigger future attacks.

It would be good to have a long talk with you vet about if the dog should be put down or not. Turing the dog back into the rescue organization would be an option to consider too.

I am not saying that the dog should automatically be put down but that is a discussion with the vet that you need to have.
He's a rescue in that we found him on the streets (he didn't come from an organization). He seemed well known in the neighborhood (seemed like it was a good thing vs bad). But yes, what you bring up is something to think about.
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Re: Dog bit someone - contact insurance now or wait?

Post by RetiredAL »

Watty wrote: Wed Sep 15, 2021 6:24 pm
With it being a rescue dog you likely have no clue about what its history is and if there was a similar problem which caused it to be turned over to the rescue organization, or if the dog was abused and something may trigger future attacks.
Sister and BIL had a medium small rescue dog that was nice, friendly, and well behaved, until a wheel chair was around, then it would attack the big wheel, but not the person. After that, if there was a wheel chair along the sidewalk or at the coffee shop, they corralled the dog before it could do anything. It was never agitated by bikes, just wheel chairs.
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

Strayshot wrote: Wed Sep 15, 2021 6:40 pm Unfortunate situation, let us know how it plays out.

Our litigious society, damages could be claimed as psychological: victim is afraid to go around dogs, which impacts their lifestyle, yadda yadda. You are smart to take every defensive action you can.

If this applied to children together in childcare settings, the civil courts would be backlogged for generations. I can’t count the number of times the kids have bitten or been bitten in the 2-5 age range :oops:

I think it is the “pets are property and owners are responsible” part that differs, but IANAL………
It is a bit unfortunate how litigious society has become; yes people have to take responsible for their actions but in certain situations it becomes a bit much.

I may be an awful person, but I did have to laugh at your statement on the children - just imagining children chomping at each other all day. I suppose a parent could technically sue another parent for the cannibal nature of their child...
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Re: Dog bit someone - contact insurance now or wait?

Post by EnerJi »

Watty wrote: Wed Sep 15, 2021 6:24 pm It sounds like the attack was unprovoked.
Not at all, at least not from the dog's point of view. Something about the victim triggered the dog. Could also be trigger stacking. See below for an example:

Image
Watty wrote: Wed Sep 15, 2021 6:24 pm My big concern would be if the dog will do something like that again and go for a kid or attack someone when you are are not quickly able to get it under control.

With it being a rescue dog you likely have no clue about what its history is and if there was a similar problem which caused it to be turned over to the rescue organization, or if the dog was abused and something may trigger future attacks.

It would be good to have a long talk with you vet about if the dog should be put down or not. Turing the dog back into the rescue organization would be an option to consider too.

I am not saying that the dog should automatically be put down but that is a discussion with the vet that you need to have.
Absolutely there needs to be an objective evaluation about the dog's behavior, risk to others, known triggers, and so on. A referral for behavior modification training would probably be very useful. Jumping to euthanasia for the first (apparently fairly minor) bite is way premature, IMHO.

To the OP (@asnic), I do think calling your insurance for a minor bite was also premature, although obviously that's water under the bridge at this point. Best of luck, I imagine nothing much will come of this, although I can understand it being nerve wracking in the meantime.
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Re: Dog bit someone - contact insurance now or wait?

Post by Dregob »

What is 125% above threshold? Do you get bit 1.25 times instead of once? Kind of like giving 110% effort.
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Re: Dog bit someone - contact insurance now or wait?

Post by cowdogman »

asnlc wrote: Wed Sep 15, 2021 7:10 pm
Watty wrote: Wed Sep 15, 2021 6:24 pm It sounds like the attack was unprovoked.

My big concern would be if the dog will do something like that again and go for a kid or attack someone when you are are not quickly able to get it under control.

With it being a rescue dog you likely have no clue about what its history is and if there was a similar problem which caused it to be turned over to the rescue organization, or if the dog was abused and something may trigger future attacks.

It would be good to have a long talk with you vet about if the dog should be put down or not. Turing the dog back into the rescue organization would be an option to consider too.

I am not saying that the dog should automatically be put down but that is a discussion with the vet that you need to have.
He's a rescue in that we found him on the streets (he didn't come from an organization). He seemed well known in the neighborhood (seemed like it was a good thing vs bad). But yes, what you bring up is something to think about.
Lots of dogs have control issues, usually because of lack of training, but it is the rare dog that needs to be euthanized because it is a danger. If you have the resources I would hire a one-on-one trainer. The local shelter could probably recommend one. I would value a trainer's opinion over that of a vet, who will likely be worried about liability.

Good for you for taking in a stray.

Good luck.
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Re: Dog bit someone - contact insurance now or wait?

Post by RTF »

Sounds like an unfortunate situation but it seems you’re handling it correctly and taking the right steps. I’ll echo what was said above about talking with your vet or a professional about why the dog attacked the way he did and if any training could be useful. I’m not an expert but to me and my experience a dog attacking someone just walking by without any contact or triggers seems a bit worrisome.

Also I’d be very relieved that this was an adult rather than a small child. If I was attacked personally and wasn’t seriously injured I would be probably just move on as I really enjoy pets and understand these things happen. If this happened to my young toddler it would be different story altogether.
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Re: Dog bit someone - contact insurance now or wait?

Post by privateer79 »

when I fill in my homeowners/umbrella among the litany of questions is "do you have a dog/what breed?"

I'm curious if your policy had a similar question, what you answered (given this is "familymembers" dog), and how that might impact your coverage here?
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

EnerJi wrote: Wed Sep 15, 2021 7:41 pm
Watty wrote: Wed Sep 15, 2021 6:24 pm It sounds like the attack was unprovoked.
Not at all, at least not from the dog's point of view. Something about the victim triggered the dog. Could also be trigger stacking. See below for an example:

Image
Watty wrote: Wed Sep 15, 2021 6:24 pm My big concern would be if the dog will do something like that again and go for a kid or attack someone when you are are not quickly able to get it under control.

With it being a rescue dog you likely have no clue about what its history is and if there was a similar problem which caused it to be turned over to the rescue organization, or if the dog was abused and something may trigger future attacks.

It would be good to have a long talk with you vet about if the dog should be put down or not. Turing the dog back into the rescue organization would be an option to consider too.

I am not saying that the dog should automatically be put down but that is a discussion with the vet that you need to have.
Absolutely there needs to be an objective evaluation about the dog's behavior, risk to others, known triggers, and so on. A referral for behavior modification training would probably be very useful. Jumping to euthanasia for the first (apparently fairly minor) bite is way premature, IMHO.

To the OP (@asnic), I do think calling your insurance for a minor bite was also premature, although obviously that's water under the bridge at this point. Best of luck, I imagine nothing much will come of this, although I can understand it being nerve wracking in the meantime.
Interesting chart...if only dogs could talk and tell us what they're thinking. The dog owner is going to look further into the behavior.

We were given more information from the guy who was bit - it's possible the jump from the dog could have exacerbated some other conditions, so the bite isn't the only concern. Based on the feedback from the kind folks here, situation, and gut feeling, we decided to contact insurance. It didn't really go anywhere, but at least we tried. But yes, in the meantime, it is certainly nerve wracking esp with not knowing what is going to happen. The good thing is conversations have been civil - I hope it stays that way.
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

cowdogman wrote: Wed Sep 15, 2021 8:12 pm
asnlc wrote: Wed Sep 15, 2021 7:10 pm
Watty wrote: Wed Sep 15, 2021 6:24 pm It sounds like the attack was unprovoked.

My big concern would be if the dog will do something like that again and go for a kid or attack someone when you are are not quickly able to get it under control.

With it being a rescue dog you likely have no clue about what its history is and if there was a similar problem which caused it to be turned over to the rescue organization, or if the dog was abused and something may trigger future attacks.

It would be good to have a long talk with you vet about if the dog should be put down or not. Turing the dog back into the rescue organization would be an option to consider too.

I am not saying that the dog should automatically be put down but that is a discussion with the vet that you need to have.
He's a rescue in that we found him on the streets (he didn't come from an organization). He seemed well known in the neighborhood (seemed like it was a good thing vs bad). But yes, what you bring up is something to think about.
Lots of dogs have control issues, usually because of lack of training, but it is the rare dog that needs to be euthanized because it is a danger. If you have the resources I would hire a one-on-one trainer. The local shelter could probably recommend one. I would value a trainer's opinion over that of a vet, who will likely be worried about liability.

Good for you for taking in a stray.

Good luck.
Thank you for the good wishes. Yes, going through the thread I was wondering if the dog should actually be seen by a trainer rather than vet (similar to seeing a psychologist vs. a doctor).
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

RTF wrote: Wed Sep 15, 2021 8:53 pm Sounds like an unfortunate situation but it seems you’re handling it correctly and taking the right steps. I’ll echo what was said above about talking with your vet or a professional about why the dog attacked the way he did and if any training could be useful. I’m not an expert but to me and my experience a dog attacking someone just walking by without any contact or triggers seems a bit worrisome.

Also I’d be very relieved that this was an adult rather than a small child. If I was attacked personally and wasn’t seriously injured I would be probably just move on as I really enjoy pets and understand these things happen. If this happened to my young toddler it would be different story altogether.
The dog owner will be looking into the behavioral items. While no one should ever be bitten, I agree, I'm glad it was an adult than a small child. Not only injury, but children may be far more traumatized.
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Re: Dog bit someone - contact insurance now or wait?

Post by asnlc »

privateer79 wrote: Wed Sep 15, 2021 9:24 pm when I fill in my homeowners/umbrella among the litany of questions is "do you have a dog/what breed?"

I'm curious if your policy had a similar question, what you answered (given this is "familymembers" dog), and how that might impact your coverage here?
Yes, insurance did ask. He's a mutt from an area with a ton of strays, so we couldn't really give them a definitive answer. I think they probably just put down mixed or something similar. I'm not sure how coverage goes, but I think they will simply not insure you if you have a specific breed.
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Re: Dog bit someone - contact insurance now or wait?

Post by Carnut »

I think you should contact your insurance carrier asap and report the incident. They in turn will contact the injured party and try to mitigate the $$ paid out. If not, there are 2 years (statute of limitation in your post) where you may or may not get a letter from an attorney seeking compensation for injuries and mental anguish. You can then put the responsibility on the insurance carrier to handle this correctly and you not have to worry about it from a legal standpoint. Regarding higher insurance premiums or being dropped at renewal by the current carrier, that is a possibility. The breed of dog and bite history are factors that they generally look at. Lastly, a good independent insurance agent should help if your present company takes that action.
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Re: Dog bit someone - contact insurance now or wait?

Post by valleyrock »

What sort of injury would result just from a dog's jumping? That sort of sounds like they're setting things up for a claim for distress or something.
.....
Within days of it happening, I received junk mail from several "dog bite law firms" who were very eager to help me sue someone...
How'd they find out?

___________

Reading this makes realize I should let our homeowner's/umbrella insurance company know we now have a dog.
Last edited by valleyrock on Thu Sep 16, 2021 6:06 am, edited 3 times in total.
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