Do we have a lawyer in the house?

mrmodine

Lifetime Sponsor
Joined
Jun 2, 2002
Messages
328
Likes
0
#1
The night before leaving for Dirtweek, I was having carb problems on my bike. Up until about 8:45 I couldn't even get the thing to run. I finally got it fixed up and went for a brief spin around the block about 9:00. I was going about 10mph as I wanted to keep the noise down and not piss off the neighbors. I came up over a hill almost to my house and my neighbor was outside at her mailbox...she said "hi Chris" and I smiled and said "hi" as well.

About a millisecond later, I notice that from the other side of the road, her small dog (a little benji type deal) was running out from the driveway straight at my bike...trying to attack it. I couldn't do anything, and he got in between the two tires and was run over by my new S12.

He's laying there in the road writhing in pain and she is hysterical over what happened. I got off the bike and went to attend and he wasn't bleeding but definitely hurt. They ran to the next door neighbors house who happens to be a veterinarian. The first thing he said when he got there was "I was wondering when this dog would get run over". You see, they NEVER have him on a leash! We have a leash law in KC and we have a leash law in our HOA (which she a board member on) and she is the ONLY neighbor who just lets her dog out. The dog spends about 25% of the day walking the streets and defacating in the neighborhood lawns and sometimes chasing bicycles and cars down the street.

Anyway, they took the dog off to the animal hospital and she came back about an hour later saying they did XRays and the rear leg is broken but he will be okay. She told me she wasn't mad at me and that it wasn't my fault.

Well, when I got back from DW I found that things had gotten worse. The dog needed a plate in the hip to fix the leg and the bladder was torn which they decided to go in and fix. Total bill...almost 3000.00. This on a ten year old dog! Anyway, they gave me a sob story about how this was their Christmas now since they have to use up their savings. I'm sitting there listening and really wishing I had not even asked how the dog was...

Needless to say, the tone has changed. She is no longer friendly and she has made comments about how she just hopes I will grow up and quit playing with toys. A couple days ago I washed my bike in the street and pushed it back in the garage while it was running (I like to make sure no water is in the exhaust) and I heard a yell. I look over to her house and she is slamming her windows shut on her house.

Finally, I went to a funeral on Friday and Saturday. When I returned, I had a message on my answering machine and its her...demanding my insurance policy number.

I don't know if I should even give it to her. I'm thinking I will go and talk to my agent tomorrow morning but I can't imagine they would pay on this. I'm worried she is going to try and sue me. I carry insurance on the bike...full coverage but the bike is also not street legal. I'm just wondering if I am liable somehow even though the dog wasn't leashed.

Any ideas?
 

oldguy

Always Broken
Joined
Dec 26, 1999
Messages
9,422
Likes
0
#2
this is a tough one as both sides have serious faults. First of all if the dog came into the street unleashed and out of the owners control the vehicle on the road would be without fault. Now the complication-you were illegal in being on the street with a non street legal vehicle.
I think in this case I would talk to the agent if you know him well and won't put your future policy in danger but I might also pay the $100 or so for a consultation with an attourney if the agent is iffy on his part.

Good luck and let us know how it plays out
 

Danman

Lifetime Sponsor
Joined
Nov 7, 2000
Messages
2,211
Likes
2
#3
I'd tell to her just to keep the vet bill to herself as I would not be paying any of it. She should know better than than to let it run around the neighborhood without a leash. She got off lucky IMO, because the dog more than likely would not have lived if it was a car. To me it would have been the same result if you were on a street bike. The issue of riding a dirt bike on the road should be seperate if you ask me. I would rather eat the tickets for that than pay for her mistake in letting the dog run loose.

You might want to consider having a talk with her and ask her intentions. Let her know yours as well (I.E. not going to pay or whatever). Be careful not to reveal to much and keep the temper under control if she gets snotty. Then if warrented contact a lawyer.
 

Smit-Dog

Mi. Trail Riders
Joined
Oct 28, 2001
Messages
4,704
Likes
0
#4
The dog will have a hard time now chasing after your bike with a bum leg, so you got that going for you...
 

CAL

Sponsoring Member
Joined
Jul 19, 2000
Messages
2,032
Likes
0
#5
I for sure, would NOT give her my ins. policy #.  At least talk with a lawyer first.  I personally, would go talk to her, and force(a very polite force) her to admit why she changed her tone and attitude so quickly.

Or...I'll give you $3000 for your KTM and the bill is paid! ;)

 
 

Zoomer

Lifetime Sponsor
Joined
Nov 17, 2000
Messages
835
Likes
0
#6
My older brother is an avid bicycle rider, and quite often the issue of dogs running into the street come up! If the dog is running free and comes out onto the street and causes a problem, I do beleive it is the responsibility of the dog owner no matter what the out come (I.E. dog getting killed, hurt etc.) i know one time they had some one get seriusly hurt and went after the dog owner for the meidcal bills. Maybe you could go after her for undo stress??!!?! :eek:
 

Patman

Pantless Wonder
Joined
Dec 26, 1999
Messages
19,774
Likes
0
#8
Take the moving violation if there is a ticket issued and call it a day. If the dog came into the street then it would seem to be the owners problem and they should be happy you were not driving a steamroller. No way I'd give ANY insurance info out in that type of situation.
 

BunduBasher

Boodoo-Bash-eRRR
Joined
Feb 9, 2000
Messages
2,450
Likes
2
#10
Illegal bike on the street, illegal unleashed dog in the street - my guess is, that two wrongs do not make a right - I don't think this would make it into court. She may try to get you in small claims court, but will have to face this issue there as well.

Definitely get some legal advixe before you give her any information.
 

XRpredator

AssClown SuperPowers
Damn Yankees
Joined
Aug 2, 2000
Messages
13,511
Likes
19
#11
Originally posted by BunduBasher
. . . my guess is, that two wrongs do not make a right . . .
But three lefts do . . . :confused:
 

wrench

'00 Flappin' Fender [Ret]
Joined
Jun 7, 2000
Messages
450
Likes
3
#12
Originally posted by mrmodine
Anyway, they gave me a sob story about how this was their Christmas now since they have to use up their savings.
Ooops ... hit the return by mistake. submitted again below.


wrench
 
Last edited:

BunduBasher

Boodoo-Bash-eRRR
Joined
Feb 9, 2000
Messages
2,450
Likes
2
#13
Makes you wish you'd sqaushed the little begger :ugg:
 

wrench

'00 Flappin' Fender [Ret]
Joined
Jun 7, 2000
Messages
450
Likes
3
#14
Originally posted by mrmodine
Anyway, they gave me a sob story about how this was their Christmas now since they have to use up their savings.
Sounds more like they are having "money troubles" and figure on getting you to "bail" them out of it. DO NOT GIVE OUT YOUR INS. POLICY NUMBER or anything else until you have the chance to consult an attorney. She should be THANKFULL that YOU were not the one hurt .... or the shoe would be on the other foot ... ie; you could sue them for injuries resulting from their negligence to obey the leash law & covenants of the neighborhood.

well, that's my .02


wrench