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    pearlmae's Avatar
    pearlmae Posts: 1, Reputation: 1
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    #1

    May 14, 2008, 12:27 PM
    Our dog ran out after another person's dog when walking by our house. The man put his hand in the way and our dog snagged his left index finger, was very minor. Anyway the man went to the hospital and hand 1 stitch and submitted the bill to his insurance. He wrote us a letter and told us that if we paid his bills that the insurance wouldn't cover, that would be the end of it... Now his insurance has sent us a letter because they have a subrogation clause... Is there any recourse? He said that since we paid his out of pocket expenses, we wouldn't have to pay for anything else...
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    May 14, 2008, 12:46 PM
    Hello pearlmae:

    You should have started your own thread. That way you'll attract a lot more answers. Maybe somebody will move it.

    He only represents HIS interests. He said that he's not going to pursue any other claim against you, and he isn't. HIS insurance company is. He can't control what they do and he doesn't speak for them.

    After all, you should have to pay the entire amount of the cost to repair the damage your dog did. Now you will. I can tell you don't think you should. I don't know why.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    May 14, 2008, 06:47 PM
    First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    May 14, 2008, 07:11 PM
    Quote Originally Posted by pearlmae
    Our dog ran out after another person's dog when walking by our house. The man put his hand in the way and our dog snagged his left index finger, was very minor. Anyway the man went to the hospital and hand 1 stitch and submitted the bill to his insurance. He wrote us a letter and told us that if we paid his bills that the insurance wouldn't cover, that would be the end of it...Now his insurance has sent us a letter because they have a subrogation clause...........Is there any recourse? He said that since we paid his out of pocket expenses, we wouldn't have to pay for anything else.................

    No, you have no recourse - his company wants to be repaid. Is he suing for pain/suffering or scarring?

    (I have dogs, I investigate dog bites, I usually take the dog's side - HOWEVER - the man put his hand in the way and the dog snagged his index finger? Sorry, you are responsible, not the man whose hand got in the way of your dog's teeth.)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    May 14, 2008, 07:13 PM
    This is very simple, you should have offered to just pay all of his legal bills so he would not sue you for a lot more.

    You are completely liable for actoins of your dog. In most dog bites, animal control and police are called, the owner of the dog receives a very large fine and unless you have proff of rabies shots on dog, the dog is taken to be observed. ( which also has housing fees if they allow you to get the dog back) many cities and areas have laws that dogs that bite someone has to be put down.

    So you get your check book out and pay his insurance company, he assumeed they would just pay, but since you are liable for it, they can and should expect you to pay them back.

    Also of course you can turn it over to your insurance company that does your home owners

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