A Guide to Filing an Insurance Claim for a Dog Bite Incident

When a dog bites someone in New Jersey, the dog owner with a homeowners insurance policy should pay for any damages. The insurance company is financially responsible, but that does not mean the claim process will be a breeze. When a person has a dog, the insurance premium often includes coverage for potential bites. Victims should file a claim regardless of whether they know the owner. If you need assistance filing an insurance claim for a dog bite, speak to The New Jersey Dog Bite Lawyer. 

Insurance Coverage: Types of Policies That May Apply

When a dog bites you, you might be confused about whether you have any legal options. Dog bite victims will have different options for filing insurance claims. 

Homeowners Insurance 

In many cases, a homeowners insurance policy will cover pet damage. These coverages can come as medical payment or personal liability coverage. Insurance providers can help injury victims pay medical expenses for the dog bite. They may also offer coverage for property damage victims incur. Often, insurance policy limits will be a maximum of $100,000 and $300,000, but it will vary by provider. 

Insurance companies can decline coverage based on breed or other factors. Sometimes the insurer will inform the policyholder beforehand. Other times, the owner must review policy restrictions. What can sometimes happen is a homeowner believes they are covered until something happens and they realize they are not covered. 

Homeowner insurance policies 

Regarding dog bite claims, homeowners insurers will have different provisions. The three main options are:

• Medical payment coverage: This provision covers medical bills that a person suffers while on the property. Coverage limits might be lower and often include payment for emergency room visits, physical therapy, X-rays, hospital stays, etc. 
• Personal liability: any injuries or damages another person suffers. This can include property damage, medical expenses, and legal fees.  
• Umbrella insurance: some insurers will also have umbrella coverage options to cover all dog-bite expenses. This option may kick in when costs exceed other home insurance coverage.  

When homeowners insurance covers dog bites 

Certain situations can be covered if the coverage is active and the dog is covered. The most common cases that homeowners insurance companies cover include:

• A dog bites a guest: insurance policies can cover medical payments and other related expenses if you are a guest on someone’s property when their dog bites you. The insurance policy might cover legal fees for the homeowner.  
• A dog bites another dog: if a dog bites another dog, homeowners insurance may also provide coverage for expenses.  
• A dog bites someone outside the home: many homeowners’ policies cover injuries and damages inflicted by a dog outside the home. Other policies limit coverage. If a dog escapes and bites you, the owner might have coverage. 
• A dog causes property damage: sometimes, dogs will damage a person’s property. If they do, the insurance company may have coverage options.  

When homeowners insurance doesn’t cover dog bites 

While there are several instances where dog bites are covered, some are not. The following is not an exhaustive list but some common scenarios that might not be covered in a homeowner insurance policy are:

• The dog has a history of bites: insurance companies can refuse to cover dog bites for many reasons. If the dog has a history of biting or attacking, it can be considered high risk. When reviewing dog documentation, the insurance company can refuse to cover the dog. 
• Dog bites a family member: if the person who gets bitten lives in the home, their injuries might not be covered by the homeowner’s insurance policy. Medical expenses may be the responsibility of the injured person.  
• The insurance company does not cover dog bites: some insurers do not offer coverage for any dogs. While many homeowners insurers provide this coverage, many others do not. Our New Jersey dog bite attorney can look at the fine print to see if there is coverage.  
• The dog is considered high-risk: when an insurance company does offer coverage, they may have breed restrictions. If the homeowner has a high-risk breed, it may not be covered, and therefore, neither will your injuries. Examples of typical dog breeds not covered may include:
  • Akita 
  • Chow chow 
  • German shepherds 
  • Mastiffs 
  • Rottweilers 
  • Siberian Huskies 

Renters Insurance 

If the dog owner is a renter, they may have a renters insurance policy. When purchasing these plans, renters should look into pet coverage. You can file an insurance claim with the renter’s insurer if you are injured. The policy may cover medical expenses for the victim. Most renter’s insurance policies cover dog bites, but not all do. The New Jersey Dog Bite Lawyer will review the renter’s insurance policy to see if coverage is available. 

Gathering Necessary Information: Documenting the Dog Bite Incident

Dog bites can be intentional or unintentional and usually happen quickly. Some bites occur because a dog is afraid, in pain, or aggressive. Other times the dog owner loses control, and the dog escapes running rampant and causing chaos. You must provide documentation to the insurance company about the incident when a dog bites. 

Information you will need 

When filing a dog bite claim, you must provide as much information as you can access. Some information that you should document includes:

• Dog breed, age, and gender 
• Medical bills, receipts, co-pays, and other documentation regarding how much you have spent on treating your injuries
• Dog owner’s name, address, and description of the distance from where the dog lives to where the incident occurred. The police or animal control will use this information to find the dog if need be. 
• Medical records detailing the severity of your injuries 
• Date and time of the injury, weather conditions, and clothing

Documenting the incident is vital as much of this information can be used in your insurance claim. The more information you have, the stronger your claim. The insurance company will review the information you provide when assessing your claim. 

Deadlines for filing an injury claim 

Another factor in documenting your dog bite incident is how long you have to do so. New Jersey statutes of limitations are two years for dog bite claims. This means you should work quickly to gather your documentation and start the legal process quickly. Speak to The New Jersey Dog Bite Lawyer for help dealing with stringent deadlines and gathering documentation relevant to your claim. 

Liability Concerns: Laws that Can Apply

Every dog bite case has individual factors that can impact liability. New Jersey also has various laws regarding leashes, injured person’s rights, and liability. If a dog has bitten you, you should familiarize yourself with how these laws can apply to your case. Our New Jersey dog bite lawyers can help determine which laws are relevant to you when you speak to us. 

Injured person liability 

Many times if the injured person has a relationship with the owner, they might not have liability. However, the dog owner can argue that the injured person has comparative negligence. This might mean that the injured person knew the dog was aggressive or could bite and disregarded that knowledge. These types of defenses can get complicated quickly. A counterpoint to the person knowing the dog’s temperament is why the owner allowed a dangerous dog around people. 

Strict liability 

Under strict liability, when a person’s dog bites another person, they are responsible for paying any damages incurred. The injured party must be permitted in the area. Strict liability does not typically apply to a trespasser. Some losses that dog bite victims may incur might include medical treatment, lost wages, etc. A New Jersey dog bite lawyer can help determine what losses your case is eligible for. 

Leash laws 

New Jersey requires that dogs be leashed when out in public. A few exceptions exist, such as when they are in a dog park. If the offending dog was unleashed, it could help with liability issues. Sometimes dogs will be leashed and still attack. Instead of biting, they will knock the person over. Strict liability applies to bites, not injuries from being knocked over. The injured party must prove that the dog owner was negligent. No leash can help prove negligence. 

Investigation and evidence 

Another way to address liability concerns is by investigating and gathering evidence. Eyewitness testimony is significant because it involves people with a typically unbiased opinion about what happened. Surveillance and video footage can also be vital to your claim. Looking into the dog’s history can also uncover evidence about liability. If the dog has a dangerous designation or a history of biting, it can indicate its propensity to bite or attack again. 

Contacting Your Insurance Provider: Notifying Them of the Incident

Insurance companies have some responsibility for paying for dog bite incidents if the dog owner has an insurance policy. Victims often tend to speak to insurance companies independently to resolve the incident. This is a mistake. Do not speak to your or the other person’s insurer. They will take statements and look for ways to deny claims. 

Instead, you should work with The New Jersey Dog Bite Lawyer, who can handle the insurance process. We will speak to the insurance company to file a report and start a claim. Accepting an offer from the insurance company without legal assistance is a mistake. You should only speak to an adjuster with your lawyer present. 

Even if you do not report the incident, the insurance company may become aware of the incident and contact you instead. Their goal, however, is to lower their financial responsibilities. They will not accurately explain your rights or offer you appropriate compensation. Remember insurance adjusters deal with claims daily and are well-versed in finding information to use against you. 

Do not sign any waivers, release or agree to recorded statements from the insurance company. You should review this information and make decisions with the legal assistance of a dog bite lawyer in New Jersey. We know what to look for and how to address the insurance company. 

Navigating the Claims Process: Steps to Take for a Successful Claim

The insurance claim process is challenging since insurance companies fight to deny claims. You can take some vital steps to increase your chances of success. Some of those steps include:

• Report the incident: you must report the incident to animal control and the police, as these reports can support your claim. They can also help if you file a personal injury claim. Reports will significantly impact the claim process.  
• Obtain dog and owner information: you should get identity information about the dog and its owner. Names, addresses, and other identifying information can be crucial to filing insurance claims. 
• Seek medical attention: you must seek immediate medical attention to treat severe injuries. You might be able to treat minor injuries at home initially and see your primary care physician later.  
• Complete your treatment plan: when you get medical attention, it is crucial that you complete treatment. The wound can become infected if you do not complete your medical treatment. It can also hurt your insurance claim.  
• Gather evidence: photos and videos are vital pieces of evidence you can use to strengthen your case. Take pictures of your injuries throughout your treatment process. If there were any witnesses, you should get their information.  
• Speak to a dog bite lawyer in New Jersey: the most significant step is to speak to a New Jersey personal injury attorney. We can handle the insurance process and work towards a successful claim.  

Call The New Jersey Dog Bite Lawyer Today!

There are between 80 and 90 million dogs in the United States, with 4.5 million people being bitten yearly. In 2022 alone, there were 17,597 dog bite claims reported. There were 550 claims in New Jersey. Homeowner insurance spent over one billion dollars paying these claims. 

A dog bite can result in thousands of dollars in medical treatment. You must work with The New Jersey Dog Bite Lawyer when filing an insurance claim. Call us for an initial consultation to assess your options.