Legal Question in Personal Injury in New Jersey
help
my neighbor is claiming that my dog caused her back injury--name removed--she has been compalining about her back since we met them. The incident she is claiming happened last april. we just learned of all of this 2 weeks ago--name removed--she claims my dog knocked her to ground. my dog ran over to see her dog which she picked up--name removed--she never fell--name removed--My dog ran around her in circle a few times and proceeded to run across street--name removed-- I have 2 adult witnesses and my daughter who were all present when the incident occured--name removed--I need to know what i need to do her husbands insurance wants my home owners ins info--name removed--No police report was filed no incident was ever investigated by police--name removed--what rights do I have?
2 Answers from Attorneys
Re: help
I suggest you call your HO insurance first and advise them of what is going on. They should be able to direct you as to what to do. If they say they can't help you, then its time to get your own attorney.
Re: help
You havea right to defend the case. However, I strongly recommend that you not only provide them your insurance information, but also contact your insurer regarding the potential claim.
Whether the claim has merit or not, you are at risk until a jury says that there is no merit. Thus, you want your insurance company to take all necessary action to protect you AND settle the case if possible. While you may not think you are responsible, you are not the person who will make this decision; a jury may. Thus, it is in your best interest to request that your insurer address the claim and resolve it or take all necessarty action to protect you from personal liability above and beyond the policy amounts.
A dog bite case is different from a knock down case. There is strict liability on a dog bite; on a knock down they must show you are negligent and if they are more responsible for the happening than you, there is no recovery at all. Further, they have to show that you were on notice of the dog's propensities. All of which make these cases much easier to defend.
Regardles of whether you think you are responsible or not, you want your carrier to protect you. Do not fall into a trap of telling them not to settle the case or advising them not to settle out of some belief that you are not wrong; this does not protect you. Cooperate with the insurer, but demand their complete protection.
Good luck.