If you have experienced a dog bite in New York, you might wonder if you can still sue the dog owner even if your insurance has already covered your medical bills. The short answer is yes, you can. Here’s what you need to know about your legal options and how insurance plays a role.
When insurance coverage is sufficient
You still have the right to sue the dog owner even if your insurance has covered your medical bills. Liability lawsuits are not only about seeking compensation for damages but also about seeking accountability, promoting deterrence and maybe even getting an injunction against the dog owner so that their dog cannot harm anyone again.
Legal grounds for suing the dog owner
In New York, you can sue the dog owner under strict liability if the dog has a known history of vicious behavior. If the owner knew or reasonably should have known about the dog’s aggressive behavior, they may be responsible for any injuries caused. Additionally, you can pursue a negligence claim if you believe the owner did not take sufficient steps to prevent the bite.
Will your insurance company also sue the owner?
Typically, your insurance company will not sue the dog owner. Instead, they might seek reimbursement from the dog owner’s insurance company through subrogation. This allows your insurer to recover the costs they paid on your claim. However, this process does not affect your right to file a personal injury lawsuit against the dog owner.
Here’s what you can do if you decide to sue the dog’s owner:
- Document your injuries: Take photos and record detailed medical treatment.
- Report the incident: Notify local animal control and submit a report. Filing a report establishes a record of the dog’s behavior.
- Consult an attorney: Consider seeking legal advice to understand your rights and the best action for your situation.
Understanding your legal options allows you to fight for accountability and promote responsible dog ownership.
