Insurance Search After a Dog Bite

Every state has its own set of rules for situations where one person’s dog bites someone else. Indiana is no different, and attorney Matt Boulton has helped a number of Hoosiers navigate our state’s unique dog bite laws.

A critical aspect to making a recovery in any case—and certainly a dog bite case—is finding insurance coverage. The hard truth is that even though the dog owner is responsible for the victim’s damages regardless of insurance, without an insurance policy to pursue, making a recovery is extremely difficult. Here is what you should know about insurance search after a dog bite in Indiana.

Indiana’s “One Bite” Rule and Negligence

Indiana courts dictate that a person bitten by a dog may sue the dog’s owner for damages relating to the bite (including medical bills, lost income, and “pain and suffering”). However, Indiana usually follows the “one bite” rule for dog bite cases. This typically means that the dog’s owner can only be held liable if the owner knew that the dog would act aggressively.

The owner’s knowledge of the dog’s aggressive behavior might be proven in court in different ways. For instance, the person who was bitten might try to demonstrate that the owner knew the dog had bitten someone in the past, or that the owner knew the dog had acted aggressively toward people before.

Consider Indiana’s “one bite” rule as a “negligence” rule. In other words, the question the court will try to answer is, “Did the owner fail to use reasonable care to prevent the dog from injuring the plaintiff?” When an owner knows a dog bites or is aggressive, the owner takes reasonable steps to prevent injuries.

You Can Establish the Circumstances of Your Dog Bite Injury

When reporting a bite case, provide a brief summary of what happened. This could prevent the dog’s owner from alleging that you provoked their animal. However, Matt can help defend you from any false claims that you were responsible for the attack. Dog owners can be held liable for any injuries caused by their pets’ aggression. You do not need to prove that the dog was aggressive prior to the bite; you only need to prove that the dog bite injured you. Matt can work to prove that you received an injury from the dog in question. We can also protect you against any untrue allegations that would make you at fault for what happened.

Dog Bite Liability and Homeowners Insurance

Some insurance companies will not insure homeowners who own certain breeds of dogs categorized as dangerous, such as pit bulls. Others decide on a case-by-case basis, depending on whether an individual dog seems vicious. Some insurers do not ask the breed of a dog owned when writing or renewing homeowners insurance and do not track the breed of dogs involved. However, once a dog has bitten someone, it poses an increased risk. In that instance, the insurance company may charge a higher premium, non-renew the homeowner’s insurance policy, or exclude the dog from coverage.

Some insurers are taking steps to limit their exposure to such losses. Further, some companies require dog owners to sign liability waivers for dog bites. Others charge more for owners of breeds such as Pit Bulls and Rottweilers. Others do not offer insurance to dog owners at all. Some cover a pet if the owner takes the dog to classes aimed at modifying its behavior or if the owner restrains them with a muzzle, chain, or cage.

A Lawsuit Can Unearth Difficult-to-Find Insurance Policies

Sometimes it’s necessary to file a lawsuit against the dog owner in an attempt to flush out insurance coverage. The existence of property liens, specifically mortgages, can be searched. If there is a mortgage on the property, it is safe to assume there is homeowner’s insurance and a lawsuit will usually uncover the applicable insurance policy in these scenarios.

Renters insurance is almost always necessary when the dog owner is leasing the property. Insurance exists on the property through the landlord, but making a recovery from the landlord’s insurance policy is difficult. Indiana law severely restricts landlord liability for the actions of a renter’s dog.

Why You Need an Attorney

When you need compensation for a dog bite injury, file a dog bite injury claim. But dealing with insurance companies comes with hurdles that are designed to prevent you from winning a fair settlement. Adjusters will search for reasons to deny your claim to protect their profits. Even small filing mistakes could give the insurance company a reason to question the validity of your claim.

You need to work with a skilled Indiana dog bite attorney to ensure that you have the best possible chances of recovering compensation. Your lawyer will help you make a strong claim by gathering evidence that supports your case. They will use extensive resources to collect statements and documentation from medical providers, law enforcement officers, and witnesses. Finally, they’ll help you avoid filing mistakes and missing deadlines, which could jeopardize your right to compensation.

Learn More About Insurance After a Dog Bite

If a dog bites you or a loved one, seek compensation for your injuries. At Boulton Law Group, our experience is ready to help you get things moving. You have a limited time to file your claim after a dog bite, so take action as soon as possible.