Legal Question in Personal Injury in New York

My dog got loose and was hit and killed by a motorcle. The drivier never filed a police report and doesn't want to file a claim to his insurance. A week after the accident he is demanding our house insurance pay for the damages to his motorcycle. My question is can he do that? Shouldn't he have filed a report to the police and a claim to his insurance?


Asked on 9/07/11, 9:31 am

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

He can choose his remedies as he sees fit. Normally, local ordinances require you to curb your dog or accompany it with a leash to prevent similar mishaps. He can proceed with a lawsuit or claim against you, if his motorcycle was in fact damaged by the incident. You may sue him for the value of your dog, since it is considered personal property; however, you have to prove negligence on his part. Try to resolve the issues between you peacefully and by negotiation. Neither one wants their insurance premium to rise as a result of this accident. I would put my insurance company on immediate notice if the cost of repairs to his motorcycle are substantial, for you may be denied homeowner's insurance coverage for late notice.

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Answered on 9/07/11, 10:43 am


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