Dog Bite Claims and Insurance: What You Need to Know to Get Paid

Each year, millions of people in the U.S. are bitten by dogs, with children being the most frequent victims. According to the Insurance Information Institute, dog bite claims cost homeowners insurers $1.57 billion in 2024. If you or a loved one has suffered a dog bite, understanding your rights and the claims process is crucial to receiving fair compensation. This guide provides essential information on dog bite claims and insurance to help you navigate the process and get the compensation you deserve.

Understanding Dog Bite Laws

Dog bite laws vary significantly by state. Generally, these laws fall into two categories: strict liability and the “one-bite rule.”

Strict Liability: In states with strict liability laws, dog owners are automatically responsible for any injuries their dogs cause, regardless of whether the dog has shown signs of aggression in the past. Even if the owner had no prior knowledge of aggressive tendencies, they are liable for damages. However, exceptions may apply if the victim was trespassing or provoking the dog.
One-Bite Rule: The “one-bite rule” protects owners of dogs with no previous history of biting or aggressive behavior, provided they had no reason to know their dog was dangerous. Essentially, owners are considered aware of the potential risk after the first incident and can be held liable for future incidents. However, the owner is still responsible for compensatory damages such as medical bills.

Some states have a mix of both strict liability and the one-bite rule. For example, New York imposes strict liability for a bite victim’s medical bills but applies the one-bite rule for other damages.

Common Legal Theories Behind Dog Bite Claims

There are two common legal foundations for dog bite claims: strict liability and negligence.

Strict liability: You only need to prove that the bite happened and caused harm.
Negligence: You must also show the owner failed to act with reasonable care—such as not leashing the dog or ignoring signs of aggression.

Insurance Coverage for Dog Bites

Most dog bite claims are paid out through homeowners or renters insurance policies. These policies typically cover dog bite liability legal expenses up to the liability limits, which are typically $100,000 to $300,000. If the claim exceeds the limit, the dog owner is responsible for all damages above that amount.

Homeowners Insurance: Homeowners insurance policies often provide coverage through personal liability coverage and a smaller “medical payments” provision.
Renters Insurance: If the dog owner rents, their renters insurance often includes liability coverage that can cover dog bites that occur on or off the premises.

Some insurance companies may decline coverage or charge higher premiums for certain dog breeds considered “dangerous,” such as pit bulls and Rottweilers. It’s essential to check your policy for any exclusions or limitations related to dog bites.

Steps to Take After a Dog Bite

If you’ve been bitten by a dog, taking the following steps can help protect your health and strengthen your claim:

Seek Medical Attention Immediately: Even if the bite seems minor, seek medical care to prevent infection and ensure proper documentation of your injuries.
Report the Incident: Report the bite to local law enforcement or animal control to create an official record of the incident.
Identify the Dog and Owner: If possible, identify the dog and its owner and gather their contact information and insurance details.
Gather Evidence: Collect as much evidence as possible, including photos of your injuries, the location of the incident, and the dog.
Collect Witness Statements: If anyone witnessed the dog bite, get their contact information and ask them for a statement.

Filing a Dog Bite Claim

A dog bite claim can be filed with the dog owner’s insurance company. The first step is to notify the insurer of your intent to file a personal injury claim. Keep all of your evidence and make copies of all documentation to include in your claim.

Notify the Insurance Company: Inform the dog owner’s insurance company of your intent to file a claim.
Gather Documentation: Collect all relevant documentation, including medical records, photos, witness statements, and police reports.
Send a Demand Letter: Once you have recovered from your injuries, send a settlement demand letter to the insurance company, outlining your damages and the compensation you are seeking.

Calculating Dog Bite Compensation

Dog bite settlements are typically calculated based on several factors, including:

Medical Expenses: Include all past and future medical costs associated with the bite, such as emergency room visits, surgeries, physical therapy, and medications.
Lost Wages: Compensation for any income lost due to your injuries, including time off work for medical appointments and recovery.
Pain and Suffering: Compensation for the physical pain, emotional distress, and psychological trauma caused by the dog bite.
Property Damage: Compensation for any damaged property, such as clothing or personal items.

The average dog bite settlement amount varies depending on the severity of the injuries, state laws, and other case-specific details. Settlements can range from $10,000 to $100,000, but can be higher or lower depending on case factors.

Negotiating with the Insurance Company

When negotiating with the insurance company, it’s essential to:

Don’t Give a Recorded Statement: Avoid giving a recorded statement without consulting an attorney first.
Don’t Accept the First Offer: The first offer is often lower than what your claim is worth.
Keep Detailed Records: Keep detailed records of all communications with the insurance company.

If the insurance company denies your claim or offers an insufficient settlement, you may need to file a lawsuit to pursue your case.

The Role of a Dog Bite Lawyer

An experienced dog bite lawyer can help you navigate the claims process, protect your rights, and maximize your compensation. A lawyer can:

Investigate the Incident: Gather evidence, interview witnesses, and assess the circumstances of the dog bite.
Negotiate with the Insurance Company: Handle all communications with the insurance company and negotiate a fair settlement on your behalf.
File a Lawsuit: If necessary, file a lawsuit and represent you in court.
Provide Legal Advice: Offer guidance and support throughout the entire process.

Conclusion

Dealing with a dog bite injury can be a challenging experience. Understanding your rights and the claims process is essential to receiving fair compensation for your injuries. By following the steps outlined in this guide and seeking the help of an experienced dog bite lawyer, you can navigate the process with confidence and get the compensation you deserve.