Where do I stand in terms of the law and insurance?

Last month, I left the gate open outside my house and my dog escaped. It was hit by a car (the dog has since recovered, by the way!). The woman driving the car has a prosthetic leg and drives a car insured by a mobility company. The car was damaged and I have received a letter from her insurance company saying the accident was my fault because I left the gate open. They want me to contact them and discuss the matter, and asked me to have the dogs insurance details ready. There were witnesses but they left before I could get their number. I don't know what happened exactly on the road, only the driver knows.
So, what I 'd like to know is, legally, is it my fault and do you think I will have to pay for the damage to the car?
How do I tackle the issue that she is the only one who saw what happened? I mean, how do I know the dog wasn't hit on the pavement, for example?
Thanks

shjf47

Considering that your question sounds like a prank (asking for the dogs insurance details). I will give an answer based on a true question. Do not respond to the letter you received. Talk to your homeowners insurance agent regarding this question. Depending on individual state insurance laws, it could be considered in the category of a child going into the street.

Snakeman !

Of course it's your fault !

Whilst I appreciate you didn't deliberately let your dog stray from your property, ultimately you're responsible for allowing him to escape, thus causing the accident !

If you have pet insurance covering him for this situation, they should cover the cost of repairs to the car. If you haven't, it's POSSIBLE your household insurance MAY cover you - Either way, you are liable, and will have to pay for the damage caused to the car !

J G

You are at fault - in the eyes of the law, a dog is your property & should be under your supervision. If it was a cat, they are actually treated differently & you would hold no responsibility.
Suggesting the car may have been on the pavement isn't going to stick without witnesses, and your dog should still have been either in a secure area or on a lead.

poor o

get the dog insured third party fire and theft....

Bardic

In the UK, if it can be proven that the accident was unavoidable from the driversâ€™ point of view then the dog owner is liable to pay compensation to the driver for the damage to their car and personal injury compensation if they have been hurt. It is, however, a civil matter and not a criminal one. That is why dog owners are urged to take out insurance.

mike s

As a retired legal exec. I'd say get your cheque book out! You were 'negligent' in law.

calipink22

You are liable unfortunately. It's your dog and your responsibility to keep him enclosed. There's no proof to show that the dog wasn't hit in the middle of the road. Sorry but you will be held liable. Better call up the company. Unless your dog has insurance you're going to be paying for the repairs.

peanutfarm101

There is a PORTION of fault on your shoulders. The driver is responsible to observe the road and drive according to the road conditions, etc. If it were not a dog but a child (God forbid), and one can argue that "reason" is about same in both, she would be held resposible.

Your home insurance carries Personal Liabilty (not your pet insurance) and should respond to these claims. These insurers have good claims adjusters who know all the legal loop holes to deal with such claims.

I would go with 50/50 at most on this one. She cannot just drive blindly through a residential community running everything over and blaming it on others. She is after all, operating a dangerous piece of equipment.

David W

Yes, the accident is your fault, since you left the gate open, even uninntentionally. Your homeowners insurance should cover the damages. Let them handle it; that's what you're paying for.

ArmsOfAnAngel

I would fight this. A dog, or any animal for that matter, cannot be legally held at fault. Really the driver should be responsible for the medical bills for your dog. A dog is considered personal property. The liability coverage of insurance covers property damage. (The prosthetic leg should have no bearing on this claim, either by the way.)

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