Legal Question in Civil Litigation in Missouri

A person that lives about a 1/2 mile from my house made a police report that my 15 year old dog with hip displacement ate his car. chewing up the bumper and other damage to car. He did not see the dog do this . He stated that he saw 2 dogs run off and while driving around the country side at 2 am he saw 2 dogs in my yard and called the police to report that thoses were the dogs he saw at his house. he wanted me to pay for the damage to his car 3400.00 dollars. I told him he needed to turn it over to his insurance that he had no proff that my dog or any dog chew up his car. Now hois auto insurance has contacted me saing that the poloce report make me libile andthe burden of proff is on me and they want paid for the damage. Does this have any merit?


Asked on 1/27/11, 6:51 am

1 Answer from Attorneys
Anthony Smith LawSmith

A Police report is not a criminal conviction, nor is a civil judgment. The insure takes the positon that they beleive their insured (that he saw your dogs chew up his car) But, they will have to prove it at court, before you can be made to pay for the damages. If the Police did not cite you for having dogs loose, their case is weaker. More likely the Police did little if any investigation. So, the report from the neighbor is self-serving and of little vlaue at court. But, it could be that the police did investigate, and their report may conclude that they found damage to the car caused by your dog.

The burden of proof that the insurer refers to is the burden to prove to their office. You might have to convince them that they have no case, in order to get them to go away. But, if it goes to court, they have the burden to prove their case.

Good luck

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Answered on 1/28/11, 12:44 pm


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