My dog was hit and killed and now we are being sued by the car owners insurance company. The lady was speeding and made no attempt to stop. I dont understand what her full coverage insurance is for. What if she hit a deer, no one would have to pay!!

I'm sorry about your dog, but from a legal standpoint you will likely be held liable for the damages to the car, since almost every state and municipality have "leash laws" and require dog owners to keep their pets under control at all times, which, unfortunately, yours was not at the time it was struck.

Can you prove the lady was speeding and failed to slow down. In many cases killing someones pet or live stock is a crime in itself and can be held liable. Of course nothing is certain in the courts it is the one who has the most and best lawyer usually wins in court. If you can prove she drove too fast in your area and failed to yield when seeing your dog then it is possible you have a case if not be prepared to pay for damages as others have said it is in most cases the owner of the pet that is responsible. But remember the law is never black and white and a lot of gray areas makes up the law. good luck.

The difference between her hitting a deer and hitting your dog, is that no one is responsible for the deer. If you have leash laws of any kind in your community, stating that you cannot let your dog run loose, then you would indeed be liable, as it is your responsibility to keep control of your pet. Even if there are no leash laws, it is the responsibility of the owner of the animal to make sure it stays in a safe area. If your dog made it out into the road, no matter what the circumstances, you are likely liable.

I am sorry for the loss of your dog. As a dog lover myself, I don't know what I would do if I lost one of mine. However, you (the owner) are responsible for keeping your pets out of the street, regardless of any "leash laws" in your area. Unfortunately, regardless of speed or attempt to avoid, the owner of the dog is responsible in this case. The whole deer case is a bad example. If you yourself had walked out in front of the car, then you would be at fault and yes the insurance company would seek reimbursement for the damages from you. I have been an insurance adjuster for 5 years now and have dealt with several of these cases. I absolutely hate the fact that we have to go after the owners of the dog in these instances, but at the same time, I understand the legality of it.

So what if she was speeding? Your dog was in the street and likely breaking leash laws.

Sorry if that's not what you wanted to hear.

That lady should have taken the place of your dog.

this is a good case. By what you said, it means you're the defendent. What I would do is check out: http://www.nolopress.com and read as much information as possible. You can easily build a strong case to defend your side and remember, when you show up to the court, always bring "cute" pictures of your dog to show the judge. He/She is the judge but still, they'll pity you and if possible, bring a child between 3 to 10 years old who can really act pity/cry. With those in mind and the site I gave you, you can build a good case easily. Good luck!

Thats sucks... you have my sympthies friend. Went through the same shit. I had to pay like $600 because a guy wasnt watching the road and he killed my dog. But thats life and thats america. currupt, vicious, and never takes blame for own mistakes.

Deers are wild animals. Dogs are domestic animals: it is your dog, your property, your responsibility -- and if your dog damages another person's property, it's your fault and your problem.

2nd Answer.

Deer are wild animals and do not require to be leashed.

Dogs are domesticated animals and do require to be leashed.

Understand the difference?

When walking your dog it should always be on a leash so that you are in control of the dog at all times.It doesn't matter if the driver was speeding,the facts are that you as the dogs owner and are liable if it runs ito the road and causes an accident.

I admire your restraint in referring to the driver as a "lady", but unfortunately if you own an animal you have a duty to stop it roaming (and that includes deer).

People are not responsible to keep deer out of the street.

I'd tell them to kiss my ass. :-)

That's ridiculous! She kills YOUR dog and sues YOU for that?!

Welcome to America

I just read 22 answers on this question and although my answer is probably too late, I shall offer another perspective.

Rather than comparing to a deer, I recommend comparing to a child. Children are not required to be leashed when outside and they too may run into the street. That should gain sympathy for your loss and focus on the driver's speed as the greater offense. Assuming you can demonstrate that excess speed was a fact.

The dog leash laws annoy me too, large dogs can cause damage so I always walked my Weimaraner on a leash. I take issue with free roaming house cats which cause my dogs to bark and defecate in my flower garden.

Because deer are not anyone's responsibility, although I'm sure that the car company would find a way to charge someone, like the municipal hall, for not keeping the deer outta there. Or some crap.

That bitch is heartless though. Man how do people even sleep at night.

I've been on both sides. My dog was hit by a car 2 weeks ago and I would be furious if the car tried to get me to pay for damages (especially because they drove off). Ironically I hit a dog last night. I tried my hardest to avoid it but still hit it and flipped my car. My car is now unable to drive and the dog is now dead. I feel horrible for the family that lost their dog and even cried my eyes out, but at the same time I now have bills that I can't afford and have to try to find a ride to work! Will I sue? Probably not. Do I want someone to help pay for the damages? Absolutely

Our daughter is going through this with her dog. If you ever had a blood hound dog you know how impossible it is to teach them not to run off. We have an autralian blue healer and whenever she sees a squirrel she runs after it, even though we have the electric fence, she runs right through it, usually into the road. So I know how hard it is to teach an animal to stay put, nearly impossible with some breads. My daughter's dog was a doberman/beagle mix and it just had the instinct to run (hunt). Any judge who ever owned one of these kinds of dogs would understand. We have read books, watched Ceasar Milan, you name it, we tried it....
Our daughter's dog tarted out the door when it was opened by a friend. It was all purely accidental, even though she warned the friend to watch the door because of the dog. It just happens and now she may have to pay this guy for damages even though he has car insurance. What do insurance companies do when its a stray dog????If she had not had a name tag with her phone number and address on it, they would never have known whose dog it was. It was found about a 1/2 mile from her home.? They can sue her but she has no money, so they will get nothing. that is how it goes...

Ok listen to what I am going through with my dog that got hit and was killed....someone hit her and took off nobody saw what happened and neighbors only herd a thump, no screeching of the tires at all. They said they didn't see who hit her. A week and a half later a note was on my front door stating to call them and it was the guy who killed my dog...apparently. He wants to sue me for the damage to his car...but one thing it was a hit and run and nobody saw it...also turns out the supposedly "good" neighbor who heard the thump is friends with the jerk who killed me dog...what do you guys think?

so u guys are practicaly saying i can go hit someones dog an get money for it? wtf??!!! this is not right!
ok so pretend i were the dog but im human in the story k? i walked in the street then bang i got hit by a car! i died, my parents cryed, then doorbell rings saying they have to pay money to the guy that killed me becuz he got damage to his car. whether im a human or not, this is a whole bunch of bullshit! no one should pay money for a loss, its fucking stupid. now the guy who sues u hes gots some fucking balls! wat a asshole!

You are kidding, right? I'd sue them right back for pain and suffering and for the cost replacing the dog. Seriously

So sorry you lost your dog.I know that hurts very bad,but to be sued also is too much!So sorry.Didn`t know they could that.But I think they would have to prove that you didn`t try to keep him out of the road....Good luck.Lawyers give free consultations.I would try calling a couple since it`s free.Hope it works out.

i see what you are saying now! well, if she hit a deer, either she'd have to pay for it out of her pocker or her insurance company would have to pay for it. i'm sure if people own deer, that it would be different though. car insurance companies are just trying to pay the least amount possible, even if it makes them illogical a**holes.

Im going through this with my dog right now, luckily he lived. This is a 50/50 thing. first, check the leash laws in your county. Most states dont have statewide leash laws but individual counties and cities will. Some have a "containment" law which dont state that the dog has to be leashed, merely contained (and clarify their definition of "contained"). And dont just take someones word for it, tell them you want to see the law in writing. You maybe have a case on reckless driving and endangerment of the community. Compare your dog to a child, or even another human being. Pedestrians ALWAYS have the right away. ALWAYS. If any person was hit by a car it is the drivers fault. Drivers are not mind readers and can not predict what a person (or animal) on the side of the road will do and should take caution which includes slowing down, changing lanes (if possible), and being a defensive driver. Most insurance companies will indeed look to anywhere else to pay before they have to. If the driver has full coverage they can pay the deductable but if they only have liability and the damages are not extensive they will laugh the driver away. The situation is INDEED similar to that as though they hit a deer or a stray dog. Full coverge handles it, liability does not. The only reason they target the dogs owner is to find someone to pay. Most insurance companies will not pursue a case in court for minor damages if you refuse to pay simply because it would cost them more to go to court than it would to pay damages which they dont have to if the driver only has liabilty. I suggest you fight this as far as it will go. I like the idea to take pictures of the road to see if there are skid marks and intend to do that for my case (since my "lady" claims she slammed on her brakes). Also, when you find out about the leash laws in your area see if there are any exceptions to the rule, IE purebreeds, show dogs, service dogs. My dog is a servie dog who had gone through special training. If your dog had had any kind of special training that may work in your favor in court. I also suggest researching the judges who might handle the case, finding one who has a pet, and requesting that judge handle your case. Something that my also work in your favor is ignorance of the law. Consult your local police department and ask them about the law concerning this matter. If they can't inform you properly you have more in your defense (My local PD told me there is no Leash Law in our county then I was later told by animal control there was) As I said earlier this is 50/50 and can go either way, but I suggest you fight it to the bitter end.

One question:

Was your dog on a leash?

If not, you are liable.

I am an insurance agent. Best advice for you. If you have an HO3 (homeowners insurance policy) or better policy your homeowners will cover any damage or injuries the dog caused. Also any resulting law suit should be covered. Up to your coverage amount. Most people do not know this but it is covered. Under this type of policy. Refer to your agent and file a claim. Also I would up your coverage amounts immediately. Regardless of it not being affecting this but any other later law suits or resulting law suits could be covered via underwriting approval. Also good idea to get an attorney and use your personal money for the attorney. Good attorney can make sure your insurance poicy does pay what it is supposed to pay.If you have any personal questions please e-mail me at pakii12@hotmail.com

If the driver had the right of way then that would at least reduce their degree of liability.

If there aren't any skid marks at or near the accident scene then take some pictures to support your claim that she made no attempt to stop.

This way you can argue contributory negligence on their part even if the driver had the right of way.

I would sock the lady in her face!!!!!

If your dog was not on a leash then you are totally liable for negligience. If he was then you have a case against her. OH and since deer have NO owners there is nobody to go after for money. Not a good comparison.