A dog bite can create shock, fear, and pain for victims. There are also usually a lot of medical bills that come along with deep puncture wounds and broken bones.
Victims need to be supported, but they might be left high and dry if a dog owner’s insurance provider rejects their claim. Hospital bills, their lost paychecks at work, and their mental trauma may all become their own responsibility.
Fortunately, when a dog bite injury claim is denied, victims have a few options to seek a reversal from the insurer.
Taking Action If Your Dog Bite Claim Is Rejected
California makes it easier for dog bite victims to get support. It’s known as a “strict liability” dog bite state. It means that dog owners are usually always responsible for dog bite recovery costs when someone gets hurt. This is true in nearly every situation.
Victims don’t have to prove the owner was negligent (e.g., allowed a dog off a leash, or put the dog behind an unsecure enclosure). The history of the dog doesn’t usually matter either. The dog owner is responsible, even if it’s the first bite the dog’s ever been involved with.
So, for a homeowners insurance or renters insurance company to reject a dog bite claim, generally the policyholder would need to be shown as not the dog owner. Or a few other circumstances may change the liability.
- The victim can’t have been provoking the dog at the time of the attack.
- The victims can’t have been trespassing on private property without permission when attacked.
Otherwise, dog owners are almost always at fault for bites, and their insurance companies would usually have to help victims financially. If you’ve had your dog bite claim rejected, and you feel it was unfairly tossed out, you should speak to a California Dog Bite Lawyer to figure out what happened.
How Can a Lawyer Help Me with a Rejected Dog Bite Claim?
The reason for the claim being tossed out will be key. Your rejection letter from the insurer may tell you why. Legally, the insurer is required to make it clear why your claim was denied. Or you may have to get in touch with the insurer to get a full explanation.
The reason is important because knowing where you might’ve gone wrong can give your next attempt a much better chance of success. The reason may be that you didn’t provide enough evidence in your claim. A skilled attorney can assist you in fully investigating your case this time and presenting all the evidence effectively. The reason given may have been a restriction found in the dog owner’s insurance policy’s fine print, a clause, or an exemption. Your lawyer can look the policy over to make sure the terms are being represented honestly and then figure out how to earn support for you anyway.
These are just some of the options dog bite victims have to fight back after an accident:
- File an Appeal. Homeowners Insurance Companies will have an appeal process for victims who want insurers to take another look at their case. It starts with a formal letter that goes out to the insurers who rejected your case. The victim’s attorney can help draft this letter and get it into the right hands. Then the claim would likely be sent to a different adjuster, and the case would be reopened. The victims would have the chance to provide additional evidence this time.
- File a Lawsuit. If an insurer still refuses to cover a victim’s medical bills and lost time at work, it may be time to take them to court. The victim’s lawyer would have a strong case prepared to take to a judge and jury. Most cases do not have to be settled in court. When a trial is mentioned, insurance providers often return to the case and offer a fair settlement, so they can avoid the cost and embarrassment of going to court.
- Report the Insurer to the Department of Insurance. The California Department of Insurance (CDI) is another resource for dog bite victims. If insurers broke the law when denying your claim, they might have to pay a penalty and be forced to cover all of your recovery expenses. This can be a slow process, and the department administrators may not deem your case worth investigating. However, it’s one way accident victims can fight back.
When Do I Need a California Dog Bite Lawyer?
If you are bitten by a dog and seriously injured, you should speak to a California dog bite lawyer as soon as possible. If you’ve already filed an injury claim and been rejected, it’s also a good time to discuss your case with a lawyer.
If your case was originally thrown out, don’t give up hope! Maison Law offers a free case consultation to all victims, so they can be aware of what their injuries are worth and what they should demand from an insurer.
There’s no obligation, but if you need our help to hold an insurance company liable, you won’t need any money. There are no up-front costs to hire our lawyers. We also don’t get paid if we don’t win your case or appeal. If we win, our fee comes out of the dog bite settlement check that an insurer must write for you.
