[924er]

Hey guys I need some advice. Today while I was at home I heard a loud bang, next thing you know is I see a car inside my backyard. I ran outside and seen my poor dog lodged underneath. I pulled her out but unfortunately she died. I was in shock. It was hard to swallow. I'm still sad I don't even have an appetite for food.

I guess the driver was parking and accidentally hit the gas instead of the brake.

It was my neighbor who happened to be the driver. Chinese speaking only. Her son came out and was very cooperative. Police showed up made a report.

The son called the insurance company which happened to be access general (crap)
So the driver has the lowest form of liability which is 10k. They said they will hAve to assess the damage but as for as my dead dog, pain and suffering, and missed days of work due to emotional distress. The insurance company denies any reimbursement and will only fix the damage if the 10k can cover, if not I'm screwed again according to the agent.

She was so cold she even said "well you dog was 15 years old anyways so he lost value"

I don't think it's 10k worth of damage, they took out my fence and my AC condenser. I know access general is holding back. How can they deny pain and suffering?! Missed days at work and even replacing my dog. Their excuse was that the law makes a dog considered property and I don't have a receipt to show for the value of my dog.

I want to go after the insurance company and not my neighbor. They were nice enough and said to pay whatever was not covered. What are my option? Can I sue the insurance company? I want compensation for pain and suffering. I watched my dog take his last breaths! I really hate access general this isn't the first time.

[924er]

A

[335NJ]

Sorry to hear about your dog

Hope everything works out.

[924er]

Sorry for the graphic images

[Douche]

I can't help you dude, and the fact that I can't help you makes me even sadder than I was when I read the story.

I am very sorry for your loss, this brought tears to my eyes... Hang in there, time will heal (I heard).

Very sorry.

[GSTiDDY]

Damn man... My condolences. Rest in doggy Paradise.

[328i_E92_2007]

OP I'm really sorry to hear about your dog. I just recently lost mine as well. But yours is much worse as it was an accident. I hope you feel better soon and get things squared away with the insurance company. My thoughts are with you. RIP to your doggy friend.

[1chanc3]

I'm not a lawyer or law/insurance specialist, but I don't think you can sue the insurance company. They are only liable what the insured paid for. It's not the insurance fault the insured did what she did.
You can only sue the person for damages not covered.

Sorry for your loss. Rest in peace.

[parksjm7]

Her response shows her lack of character. We can understand she needs to defend herself but she can do that without making a statement about your dog. RIP

[AXS-7]

This was tragic. So sorry about your dog. He is in Rainbow Bridge now. Stay strong

[328XIdiot]

That's terrible. Sorry for your loss 924er.

[galahad05]

So sorry about your dog.



Ask around, find a reputable quality lawyer. Pay for a consult.

In other words, get a professional legal opinion on your options.

[Longdoggy]

If your pet has been killed or seriously injured, you should first try to talk to the person responsible for your pet’s injury or death. Although this may be an emotionally-challenging experience, you may be able to resolve the issue without taking criminal or civil action. This might be ideal if the individual is a neighbor, family member, or acquaintance, since lawsuits can be damaging to relationships.

If you would like to press criminal charges or take civil action, you should do the following:

- Hold onto any evidence of the incident, including any bills
- Obtain the contact information to any witnesses

If your pet has been injured or killed negligently or purposefully, you may be entitled to damages in a civil suit. The amount will depend on the facts of your case, but may include the following:

- Compensation for the Value of Your Pet: This will be calculated based on the breed, age, health, and purchase price of your companion.
- Reimbursement for Veterinary Care: This is based on reasonable treatment and care for the animal. What is reasonable will be evaluated based on the animal’s health before injury.
- Punitive Damages for Malicious or Intentional Acts: In a civil suit, the defendant can be penalized for especially egregious acts with punitive damages.
- Damages for Mental or Emotional Distress: Depending on your state’s laws and the facts of your case, you may be able to sue for witnessing the traumatic event or for the loss of companionship and grief.

Sorry for your loss, but it appears to me that you need a lawyer if you want to pursue what the insurance company won't cover. Insurance companies have no concept of emotions. It is all about odds, probability and favorable bets to their advantage to make money.

A good lawyer will help you win a dispute that is not clear black and white.
Since you would be the plaintiff, you might be able to retain a lawyer on contingency basis if they feel the case is a good chance to win. The easier the case is for them to win, the less money they take. This may be a difficult case so I would not expect too much of the court ruling.

Its free to talk to a lawyer, give one a call in your area who handles civil cases and see if its worth your while.
Legal battles can be a very stressful time so weigh the benefits of reliving a painful moment in your life. The defendants attorney will be attacking you and your personality in addition to your deepest emotions.

[Chrisruf911]

Sorry for the loss of your best friend. Time will heal the pain. Every state needs to require people to have more than a paltry 10k worth of property coverage. Nowadays 10k will not cover the cost of a 2 yr old Hyundai. I doubt most people understand that if they choose a low dollar coverage rate on their insurance they are liable for damages exceeding that amount.

[jgoens]

OMG...so sorry to have read your story and I read it several times. I don't know what the outcome will be..but don't give up and try to get whatever you can from that insurance company. But money might not make up of the loss of your dog.

[335NJ]

I would strongly suggest you meet with a lawyer. This way, at the very least, you can have some options laid out in front of you. If anything, it might help bring you some needed closure so you're not wondering for a long time if more could be done.

[YouAreMyWorld]

I'm so sorry for your loss. I too had my dog pass away in my arms; it was.. undeniably one of the hardest things I've had to endure in my life thus far. Sure, there are those that will say "it's just a dog", but to those people I say, screw you. You have no idea the joy and attachment one can get to an animal that shows you unwavering, loyalty, and love--no matter what kind of mood you're in.

I essentially grew up as a lonely child, so my dog was, for the most part, my only companion on a day to day basis. She was my little sister and she grew with me from middle school, throughout High School, and my first year of college. She saw me develop into the young man that I am today and she finally found peace a few weeks after having witnessed me move into my own house near my campus. It was as if she was saying "I did my job, now life goes on. I love you--but now I can rest".

My little Mama:


Sorry for my sob story, but I feel your anguish. I hope you can get some sort of restitution from this greedy insurance company. You, at the very least, deserve that much.

[Miller335]

I couldn't imagine having to pull my dog out from under a car, esp in my back yard.

I'm sorry OP.

[LSx]

First off, sorry for your loss - a dog is a part of one's family and I've had to let a couple go over the years after they lived very long lives, it's never easy no matter the circumstances.

Second - get a lawyer, consult the police about filing charges of some type, somehow this inept driver needs to be taken off the road permanently so that next time it isn't someone's child that's killed while innocently playing in their backyard.

And I would personally love to wring the neck of the bitch that told you that your dog had diminished value.

[TheTal0n]

Her comment makes it sound like she needs to learn an American lesson, sue her. LOL. At least her son was nice. so sorry man.

[autoart]

WOW, that's crazy. as I was reading the story , my dog was asleep in my lap. very sad.

[335NJ]

Originally Posted by TheTal0n

Her comment makes it sound like she needs to learn an American lesson, sue her. LOL. At least her son was nice. so sorry man.

Agreed. Sounds like she's a little low on freedom. Might need to dish her some, with a fresh side of Murica'.