Mom, dad, baby (in stroller pushed by dad), dog (on leash held by mom). Dog breaks leash, runs into street, gets hit by a car. Car is not speeding, not driving recklessly, etc. Dog is badly injured. Car is damaged. Car owner wants insurance info (homeowners/renters) of the dog owners so that he can get his car fixed. Owners refuse, freak out at driver for daring to ask for such info after hitting their dog. Cop at scene tries to talk driver out of it 'because of the circumstances."
Who should pay for the damage to the car?
** note - this is an incident I witnessed earlier today **
Not an animal but ... I as recently backed into by another driver. Filed the claim and they "waived my deductible" ... BUT ... I had to pay the tax on the repairs AND on the rental vehicle. So someone backing into me cost me close to $500..
Who would be paying if the kid ran into the street? Not really all that different. And who pays if it was a wild animal like a deer? Again not really all that different.
"Follow me the wise man said, but he walked behind"
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with a child technically the parents of the child because they are responsible for the control of the child. it can get complicated if it's at or near a intersection, because in a lot of states pedestrians have the right of way over cars. it can also complicate things because a child is injured so a lot of car owners step up and take care of things.
wild animals are covered thru comprehensive insurance because you can't bill mother nature for damages. no comp ins you are up the creek without a paddle.
When you ask this question on the internet (must be true ) this is the answer that comes up 99.9% of the time..........but for you I get the feeling it's not the correct answer
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If a motorist strikes your unleashed dog and is in an accident that involves other people or property, you could be sued for the expenses caused by your pet, since you allowed the animal to run freely and contribute to the accident.
IMO it just means that the motorist has the right to sue the dog owner but the dog owner is not immediately responsible. With that as a hassle for the car/vehicle driver the driver will most likely just bite the bullet and figure out what's the least expensive way to repair the vehicle and move on. Pet and owners come out way worse off from the pet injury and trauma of the entire situation IMO.......the driver also in a way especially if they are pet lovers too. Life goes on.
Dog owners pay is my guess as they are required to maintain control of the animal.
I get this but why is it different because the dog has an owner? They are still animals with a mind of their own. It wasn't like the owners had intentionally let it run free. What if it was a stray dog? The only difference is the owners may potentially have insurance that will cover the damages. Otherwise it's the drivers comprehensive insurance that will pay if he has it.
"Follow me the wise man said, but he walked behind"
'92 D250 Club Cab CTD, 47RH conversion, pump tweaks, injectors, rear disc and hydroboost conversion. '74 W200 Crew Cab 360, NV4500, D44, D60 and NP205 divorced transfer case. Rear disc and hydroboost conversion. 2019 1500 Long Horn Crew Cab 4WD, 5.7 Hemi.
Dog owners pay is my guess as they are required to maintain control of the animal.
I get this but why is it different because the dog has an owner? They are still animals with a mind of their own. It wasn't like the owners had intentionally let it run free. What if it was a stray dog? The only difference is the owners may potentially have insurance that will cover the damages. Otherwise it's the drivers comprehensive insurance that will pay if he has it.
It's different because the dog has an owner who is responsible for keeping control of the dog. An adult pedestrian is also liable if they are crossing the street illegally, run into traffic, etc. and get hit. They are responsible for the damage caused to the vehicle. If it's a minor, there are statutory considerations that may prevent the parents from being held liable in some states, in some scenarios. Generally speaking, if a minor runs into traffic, rides their bike into traffic, etc., the parents will be held liable for damage done to the car if the minor is struck.
The reaction of the parents, and of the crowd of onlookers who witnessed this, indicated that a lot of people though that the poor guy driving the car should've just sucked it up and eaten the cost, and that he was an a-hole for not doing so.
Bet the vet bill, if they can even save the pet, is more than the vehicle damage and I bet in order for the driver to get any compensation he has to retain an attorney and sue the pet owners. Where does it state that one has to give more than name and contact information in a situation like this? Who carries their home owner's insurance information with them or even their auto insurance info when they are walking? Once again "Not My Dog" Wonder if there will be a counter suit and an investigation of the vehicle driver and his vehicle to make sure the driver was doing the speed limit and not a mile or two over and that the vehicle was is safe operating condition...........and I hope he doesn't have one of those "safe driver" devices that comes back to "bite" him
Re: Who pays?
[Re: A12]
#2800865 07/25/2007:05 AM07/25/2007:05 AM
I gave a statement to the police. The other driver wasn't speeding (neither was I), wasn't doing anything unsafe. As they crossed the street, I could see the dog jerking at the leash, generally acting like a spaz. As the car in front of me approached the corner, the dog jerked again and the leash broke. No way for the driver to avoid hitting the dog.
I gave a statement to the police. The other driver wasn't speeding (neither was I), wasn't doing anything unsafe. As they crossed the street, I could see the dog jerking at the leash, generally acting like a spaz. As the car in front of me approached the corner, the dog jerked again and the leash broke. No way for the driver to avoid hitting the dog.
Your original post read
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Mom, dad, baby (in stroller pushed by dad), dog (on leash held by mom). Dog breaks leash, runs into street, gets hit by a car.
and now you state
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As they crossed the street
? Were they also crossing the street illegally or did they have the "pedestrian" right of way?
Re: Who pays?
[Re: A12]
#2800867 07/25/2007:19 AM07/25/2007:19 AM
They crossed the street in a crosswalk as we were approaching the intersection. That was when I noticed the dog behaving like a spaz. They stepped up onto the curb, and took maybe 3-4 steps down the sidewalk, facing toward us. As the car in front of me was just about even with them, the dog broke loose.
with a child technically the parents of the child because they are responsible for the control of the child. it can get complicated if it's at or near a intersection, because in a lot of states pedestrians have the right of way over cars. it can also complicate things because a child is injured so a lot of car owners step up and take care of things.
wild animals are covered thru comprehensive insurance because you can't bill mother nature for damages. no comp ins you are up the creek without a paddle.
Pedestrians have the right of way While in a Cross walk not anywhere on the street, "Owned" animals and their actions are the responsibility of the owners, These are Laws not opinion or conjecture. If a Owned animal (Dog/Cat/Cow/Horse) gets hit by a vehicle while on a public thoroughfare, it is the drivers responsibility to report it (police/owners), and any damages incurred are the responsibility of the "Owner" Wild critters are an act of God...
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It is the dog owners responsibility to keep the dog under control and out of the street.
Exactly. Civil matter, but it's the owner's responsibility to have control of the dog at all times. Should have had a better, newer leash is the bottom line. If car owner's insurance doesn't pay, sue dog owner.
Remember, this is the NEW America. NEVER take responsibility for anything. Blame the leash, it was defective. Blame the sidewalk if you can. It had big crack, and dog had to leave it to walk.
I would have followed the dog owner until I got their information, if there was enough damage to my vehicle to be concerned. I feel bad their dog was injured, but they could say "I'm sorry this happened, here's our name and phone number, and we are rushing to the vet now".