Legal Question in Civil Litigation in California
Auto accident involving a car and a dog.
My dog was supposedly hit by a car and ran off after he was hit. We couldn't find him and there was no damage done to the car, so she left. She came back later and said that there was damage, so we called the authorities and filed a report. At that time, we still hadn't found my dog. We exchanged #'s and she left. My dog came home later & was uninjured. Now she claims that the damage to her car is over $600! I find that hard to believe, especially since there was no visual or mechanical damage at the time of the accident and because I don't see how she could hit my dog at 25 mph and not injure him while at the same time doing that much damage to her vehicle. The damage involves the door catching on the fender when it is opened, and a loose blinker light. I would think that it would be noticable upon first opening the door, not 45 minutes later. She had someone in the car with her who was on the side of the damage (passenger), and he said nothing about having difficulty opening the door. My questions are: Does she have to have proof other than her and her passenger's word that she hit my dog? And, am I responsible for the damages? Your help would be greatly appreciated, and I thank you in advance.
2 Answers from Attorneys
Re: Auto accident involving a car and a dog.
If you have either a home owner's or renter's insurance policy, contact your agent and report the accident. If you do not have insurance coverage then seek some help from an attorney or a law clinic to prepare for the trial.
Re: Auto accident involving a car and a dog.
If your dog is uninjured how do you know it was your dog she hit? Could it have been some other dog? Have you had your dog xrayed or examined by a vet?
I would object to being held reponsible for any damage which you did not see at the initial visit. She could have damaged the car after leaving and come back to make you think you were responsible. Based on these facts don't agree to pay her. If she sues you then go to court and bring your evidence, including a statement by the vet that your dog was not hit or injured. There will be a bruise or something if the dog was hit hard enough to crack a light and move a fender.