Posted on 05/07/2008 6:37:34 AM PDT by Dan Nunn
DULUTH, Minn. - The driver of a 1997 Honda Civic that struck and killed a dog near Cloquet is suing the dog's owners for damage done to his vehicle.
Jeffery Ely was driving on the night of Jan. 4 when Fester, a miniature pinscher, squeezed past owner Nikki Munthe as she was letting in her other dog and ran out onto the road. Ely's car struck Fester, killing the 13-pound dog instantly.
Now Ely is suing the Munthes for about $1,100 for damage to his car, time he had to take off from his two jobs to get the car repaired, and court fees.
(Excerpt) Read more at startribune.com ...
Ping
A 13 pound dog does $1,100 in damages?! Me thinks Jeffery Ely needs to just man up, file an insurance claim and move on.
I can see it.
A 13-lb. rock can do a lot of damage.
This isn’t about the dog, it’s about the owner.
Why does she let her other roam around in the front yard? As far as the damages to the car, he must have been going pretty fast that a 13 pound dog made it possible for the bumer to have gone through the radiator.
$1100 in damages is very easy to do, especially on a Honda. I’m surprised it wasn’t more. But more to the point, if the dog was a cow that got out and destroyed some property, would he not be entitled to damages?...................
Exactly. Toss a 13 pound watermelon at a car moving down the road, say at 30 mph, and you have the makings of a real expensive accident......
I’m glad the owners of the dog are countersuing him. I hope they win.
“A 13-lb. rock can do a lot of damage.”
What about a 13-pound goose-down pillow? I hit a 40 pound traffic barrel and it didn’t scratch my car.
Maybe densidty and mass might have something to do with it.
Probably not to my van, unless you hit the windshield, but definitely to a little car.
I don't know if this guy really has the damage, but if he does, there's something to be said for the dog owner's being liable. It's her responsibility to keep her pets from harming people or property.
I'm sure that's true. I haven't hit anything recently except my lawnmower.
“I haven’t hit anything recently except my lawnmower.”
Ouch. A two-fer. Gotta fix the car AND the mower. :(
Yeah, me too. I can't stand irresponsible pet owners.
Low-speed impact. The car just had a scratch on the bumper, and my son straightened up the mower :-).
I guess it wouldn't occur to you that the driver of the car might be "traumatized" too about killing the dog. I know I wouldn't feel good about hitting a dog.
ML/NJ
Exactly right. My home owner’s insurance will not cover any damages my dogs do.
A friend of mine had a conversion van with one of those air dams on the front that went practically down to the ground. He hit a armadillo on the interstate and there was a perfectly shaped silhouette of an armadillo right in the middle of the front of his van.........IIRC, it was nearly $1000 damages.......in 1979!...........
Dogs sneak out sometimes, even with the most careful of owners.
Sorry for the guy's car, but I have no respect for someone who is doing what he did in these circumstances. I hope he loses.
Yeah, right. That's why he's suing the owners for damage to his 11 year old car.
:::rolls eyes:::
Really? I've never owned a dog, so I hadn't considered the coverage. I assumed it would be covered, when reading this story.
An armadillo would be like hitting that 13 lb. rock!
They are going to lose.
If he had been jogging instead of driving, and the dog rushed out and bit him, causing $1100 worth of medical bills, would you feel the same?......
The owner is responsible for the damages done by his animal. Grit your teeth, pay the bill, and move on.
The simple way to avoid such liability is to not have a dog. To me, they are worth the price, and I will pay for the damage they might do.
“I haven’t hit anything recently except my lawnmower.”
Why were you driving through the yard and which kid was mowing?
Why would your repair such a thing. Just reinforce the edge from the back, maybe pick it out with a little pinstriping, and drive with pride!
It's not a bug, it's a feature!
When my son and I were walking home from the poll last night, a dog owner let a yellow lab the size of a bear out of the garage. It rushed up to us, gasped, and then collapsed and started licking my son’s feet. The owner kept saying, “Don’t worry! He won’t hurt you!” while the obese animal sighed and slobbered on Tom’s toes.
That said, I don’t like dogs that bark and chase me when I’m running. My cats never do that to anyone.
Yes they are compact and hard as a rock! And nearly as smart.... As for insurance, my "old" Allstate policy did cover pet damages, but when they dropped us, after 25 years and NO claims, because of the hurricanes in '04-'05, we had to go with a "cut rate" insurance company (as many here in Florida had to do) and they don't cover animals..........
That was me. I was putting the Purple Thing in the garage.
Why is HE suing the owners? File the claim with his insurance company, get his car fixed, and let the insurance lawyers file a suit to reclaim the damages. That is one great reason for having insurance coverage, you get lawyers just waiting to sue someone.
Now, if the driver doesn’t have insurance, why is he allowed to drive?
“An armadillo would be like hitting that 13 lb. rock! “
Nah, they splatter real good. I remember driving with my parents once through a newly opened section of interstate highway in Louisiana one morning. The amount of armadillo road kills in a two mile stretch looked like Omaha Beach on D-Day.
About 600 (probably more) years of common law legal tradition says yes.
Maybe it depends on what you’re driving.
I love my dog but I would understand completely if I was held responsible to any damage he did to someone else's property. If I did not know this was Freerepublic I would think I was on a Democratic Underground thread. I though one of the main things people who post here have in common is their respect for individual responsibility.
Hello??
Most States requite liability insurance. None require collision/comprehensive. Getting ones own insurance company involved is like asking them to raise your rates.
ML/NJ
Ranchers know that they will be held liable if their animals wander into traffic. This is old and established law.
Don’t know why it would be different for loose pets.
I always said that if I ever hit the dog, I was going to sue them for the damage.
That is an EXCELLENT question, sir.
Now, if the driver doesn’t have insurance, why is he allowed to drive?
If he's driving an older car that's paid off then it is possible he only has the minimum liability insurance that's required by law. This won't pay for damage done to his vehicle. This isn't unusual.
More importantly, why should this guy just suck it up and eat $1,100 bucks worth of damage done to his vehicle and lost wages for something that wasn't his fault?
I feel bad these folks lost their dog but they should have been more responsible. They should pay up.
The dog should not have been on the road, the car should have. The dog owners are responsible.
Now if the dog were on a leash on the sidewalk and the guy ran it over, he would not have an argument.
Dogs do not belong in the road, and it’s the owners fault that it was and their dog damaged someone’s property because the dog owner’s carelessness made the street unsafe for motorists.
Dog lovers think that dogs can do no wrong.
In this case, the dog owner is responsible for keeping the dog off of thoroughfares used by motorists. The owner was incompetent and should pay for damage their neglect and carelessness caused.
Second, note that this report is from yankeeland.
I’m not for suing, but I would. The driver of the car is out maybe $500 for his deductible. Why should he have to pay for his deductible and possibly get his insurance premiums hiked because some dog owner can’t keep his dog in check?
My Lab would lick you to death and probably help the burglars tote our stuff to their vehicle....................
Have you ever worked in the auto repair industry? $1,100 ain't nothing. A damaged bumper, radiator, parts and labor --not to mention the two days of missed work and court fees could easily add up to $1,100. If you ask me, the guy's being generous.
Remember, this was back during the Chevy Van craze. He was totally PO'd.............
Is he suing, or is the insurance company suing in his name?
My elderly neighbor was hit by a car crossing the street in front of our apartment building. The man who hit him sent my neighbor a certified letter requesting payment for the damage to his automobile. The old man has been in the hospital since it happened.
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