Legal Question in Personal Injury in California
Dog Bite Responsibility
My dog bit someone.It was a fear reaction,not to be viscious.He has poor vision(he's 11 1/2),thought a passing lady with stroller was a bike(was previously attacked by child on bike).''Nip'' hit her in calf,not puncture wound but a ''pinch'' wound.I told her I would pay for her to go to dr.She used her insurance,but is trying to get me to pay the ''charges''--$480.She gave me an insurance form from the school district she works for with a list of charges.She said she paid it with a credit card.I received no formal bill or receipt that she paid this amount.Do I just pay it or am I entitled to proof she paid it.If her insurance did pay,how do I determine fair settlement
2 Answers from Attorneys
Re: Dog Bite Responsibility
If you want proof that the insurance paid it, ask for the EOB - explanation of benefits. But, is it really worth it? If you can make this go away for under $500, I would have her sign a release and pay her the money. That would be a cheap settlement on a dog bite. She is not even asking for non-economic damages, ie pain and suffering. You shouldn't quibble too much because even a small claims court judge would probably give her more.
Re: Dog Bite Responsibility
Do you have homeowner's insurance? If so, you may want to make a claim and have them handle this. You are strictly liable for your dog biting the lady, and will owe her for the damages she suffered, including her pain, inconvenience, medical bills and lost earnings. The medical damages will be evaluated on the basis of the amounts paid, rather than the amount billed, under the rule of Nishihama. You need to see the credit card receipt to actually have sufficient proof of what was paid, versus what was billed. Alternatively, you can call the insurance company directly, ask what was paid, then offer to reimburse them, but only if they secure a release from the woman.
I would also remind you of the reality of your situation, in case you try to get too bold and handle this without getting your insurance company involved.
The last thing you want is to have the lady get an attorney. If that happens, the case value goes up to at least $5,000. So, my free advice? Pay her what she asks, have her sign a Civil Code section 1542 general release, and be happy that you escaped something worse.
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