Legal Question in Civil Litigation in Pennsylvania

Dog hit by automobile

My dog got out of my yard and was off of her leash. A SUV was travelling down my residential street and hit my dog. The car stopped and I got the identity of the driver. It was aprx 9:00pm and was dark, however there is a street light where the aciident took place. My vet bills for this accident are approaching $1,000.00. My homeowners insurance(Erie) does not cover these bills. I spoke with the drivers auto insurance(Nationwide)and they stated that they are not responsible because I was negligent for the dog being off of the leash. Do either one of these insurance companies have a responsibility for these vet bills?


Asked on 5/07/01, 11:17 am

1 Answer from Attorneys
Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Dog hit by automobile, who is liable?

I am a new member of the Guru network, so I just received this posting.

I was surprised to learn some years ago that homeowners insurance will cover dog bites inflicted by the insured's dog. However, I do not believe they will cover injury to your dog, especially when it occurred off of the premises. The driver's insurance company is certainly liable if their insured was negligent. There is a statute known as the comparative negligent law which provides that, if you were more negligent than the driver, you cannot recover.

If the driver's insurance company will not pay, your only legal remedy is to sue the driver in the district justice court. You may locate that court either through the blue pages in your phone book or by contacting an attorney.

I trust this has been helpful, but feel free to call or e-mail with any questions.

Read more
Answered on 6/20/01, 8:36 am


Related Questions & Answers

More General Civil Litigation questions and answers in Pennsylvania