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!!
by 
missingmybestfriend
ANSWERS: 25
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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.
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Welcome to America
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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.
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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!
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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.
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I would sock the lady in her face!!!!!
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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.
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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.
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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.
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That's ridiculous! She kills YOUR dog and sues YOU for that?!
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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
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I'd tell them to kiss my ass. :-)
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That lady should have taken the place of your dog.
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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.
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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.
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People are not responsible to keep deer out of the street.
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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).
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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.
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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.
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One question: Was your dog on a leash? If not, you are liable.
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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.
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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.
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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.
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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?
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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.
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