Q: I swerved & hit a tree to avoid a dog leaping from behind shrubbery that hid it from view. No time to stop. Liability?
The dog was very large. It jolted into the street (residential) from behind a wall and shrubbery and therefore was not viewable prior to my car being within several feet of the area where this occurred. I was driving under the speed limit in a late model car. No other animals were in site. There are no signs posted warning people of animals crossing the street. There is no wild life in the area. Two other adult witnesses were with me. My insurance company claims, contrary to all our statements to them, that I had time to stop or honk, which they presumed with no counter evidence and is untrue. This occurred in California. Is there case history on this? Does it matter that the dog was very large and not visible prior to jumping into the street? Your opinion would be greatly appreciated.
A: Insurance companies always try to deny a claim if they can get away with it. If an accident report was made for the incident, maybe it contains some facts helpful to you and your claim. For example, if you can determine when you first saw the dog, and how many seconds it took to hit the dog, you may be able to prove your claim, especially if your witnesses will confirm that you had no time to stop. If you braked as soon as you saw the dog, that is also helpful to your claim. This happens all the time with dogs, since many owners fail to follow the leash laws. They are the ones who are responsible for the accident, as most cities have leash law ordinances. Since the insurance companies always argue that you had time to stop, you should be able to prove them wrong. I would stand your ground, and threaten to sue your insurance company for bad faith if they do not accept your claim. You should consult a local attorney near where you live. Good Luck.
A: Not sure why it matters. Collision coverage applies to fix your vehicle regardless of fault.
A: Maybe there is a claim being made against your for damage to a tree? Still doesn't matter. Under your liability coverage, your insurer has the right and duty to defend and indemnify you up to your policy limits. If it decides that your interests, and its, are best served by a settlement, you cannot stop them.
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