Posted on 08/17/2011 9:24:35 PM PDT by nickcarraway
Black Lab Mix Covered As 'Property' In Insurance Terms
Marcia Pinkstaff said she couldn’t believe it when her dog was hit by a minivan last week and the driver’s insurance company told her they’d pay for one or two trips to the vet and would then “total out” her dog.
“I don’t see how you could total out a family pet,” she said. Pinkstaff was walking west in the crosswalk at Canterberry Parkway and East Idyllwilde Drive, in Parker, when an eastbound minivan made a left turn striking Sasha, a 9-year-old Lab mix.
“She didn’t see us and she hit Sasha very, very hard,” Pinkstaff said. “Sasha has tears in her lungs, a tear in her diaphragm and liver damage.”
Farmers’ Insurance sent Pinkstaff a letter stating it would reimburse her for the initial trip to the vet and would consider paying for a follow up exam, but nothing more.
“I was horrified,” Pinkstaff told 7NEWS. “They said they were totaling out my dog. It broke my heart because she is like a child to me.”
“I’d never heard of anybody totaling out a dog before,” she added. “I think it’s horrible.”
An insurance industry source told 7NEWS that dogs are not covered the same way humans are.
“If a human is injured, they can be reimbursed for pain and suffering, lost wages and medical care,” the source said.
“A dog is considered property and is covered by the property damage part of a policy,” the source added.
In Pinkstaff’s case, the adjuster told her they were limiting how much they’d pay for property damage.
A spokesman for Farmers’ said the phrase “totaling out” is industry jargon and refers to the property damage part of a policy.
“I’m very sorry about the circumstances,” said Farmers’ Vice President of Media, Jerry Davies. “I have a dog, too.”
He said, “We have issued reimbursement of payment for the initial expenses and will continue to work with her on payment of those bills.”
Pinkstaff said she’s grateful that she wasn’t hit and is grateful that Sasha survived.
She told 7NEWS that Sasha has another appointment with the vet on Aug. 16.
“She has to have more blood tests and more x-rays,” Pinkstaff said. “The vet will determine whether her injuries are healing or if she needs surgery.”
Pinkstaff said some of her friends have delayed paying their mortgage to help her with her vet bills.
“I would like to see the driver’s insurance company take care of the bills,” she said. “And if the insurance won’t, I would like the driver to take care of it.”
CC
Ping
Sadly, this is in keeping with what I learned in law school. Animals are property, and if they are killed, you get replacement cost.
If she ends up with several thousand dollars in vet bills, she should sue. Sue the driver, sue the driver’s insurance company. That’s what small claims court is for. The judge would award her the vet bill amount.
Though this sort of awfulness is yet another reason to have veterinary insurance.
Okay, I laughed. (I’m a bad man. I’m a very bad man.)
Conceivably, she could sue for much more than vet bills. After all, the agreement with the insurance company is between them and the driver. She’s not bound by it.
I remember watching animal injury cases on "The Peoples Court". If the animal died, Judge Wapner would give the owner the cost of the animal. If the animal lived, the owner would get the cost of vet bills. What I learned was, if my dog attacked the neighbors mixed breed cat, make sure the cat is dead.
I’m just glad Sasha is still alive. the person that hit her should kick in some $$ too. THEY are responsible after all. At any rate, they have to live with themselves.
I’m just glad Sasha is still alive. the person that hit her should kick in some $$ too. THEY are responsible after all. At any rate, they have to live with themselves.
I am just waiting for the first judge who considers the “pain and suffering” of the owners involved to be valid, and makes it stick. Then, a lot of this silliness about an animal being worth it’s cost in bone meal will go away. So will the usual and customary shootings of dogs by police.
THEY SAVED FIDO’S BRAIN!!!
The vet bill part probably varies by state. After all, there is a principle of “mitigation of damages”, so that, theoretically, spending $5000 on a $10 cat is unreasonable as a legal matter, and not compensable.
CC
What’s the Blue Book value on a 2002 Lab mix?
When (if) 0bama Care goes into affect will insurance companies also total out people?
How do you define “replacement cost” on an animal?
Strictly speaking, every one of my cats is a weed that popped up in the back yard. While I’ve spent a fortune on maintenance costs (especially since one of them developed cancer), their initial cost was nothing. So, how would a monetary value be placed on them?
“What’s the Blue Book value on a 2002 Lab mix?”
My guess is that it depends on the mileage. Was it owned by an old lady who only took it out for a walk on Sundays?
That is a very Valid Point.
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