How does home insurance work?

[Poysyn]

I was attacked by a dog last week. I lost a good chunk out of my arm, but luckily my six-year-old (walking with me) was okay.

I want to sue the owner in small claims, and am preparing the initial "demand letter".

My question is, can the owner take the letter to their home insurer for processing, or can they only do that once it's an actual court matter? I am hoping that they will go through their home insurance and they will counter offer and together end this quickly and amicably.

Is this a possible scenario or should I just accept the fact that i need to file after the time limit on the demand letter?

[Duckster]

Why small claims? It seems to me a dog attack that results in the loss of "a good chunk out of my arm" is no small claim.

[kunilou]

If all you're asking for is payment of the medical bills, you can just hand the bill to the homeowner and either he or his insurance company can reimburse you.

If you want to actually sue, then I'd suggest you get a lawyer and let your lawyer fight it out. Such settlements almost always include the lawyer's fee in the total settlement.

[Kimmy_Gibbler]

If insurers paid out every time their policyholders got a vaguely scary letter in the mail, there wouldn't be insurance companies for very long. (That is, the insurer is going to want to see that this is a real-deal lawsuit, and not collusion between you and your neighbor.) Send your letter and let the dog owner file the claim (if, in fact, he carries insurance and dog bite liability is not excluded from coverage). Then the ball's in his court. There is no way to force someone to settle and no lawful way to force a non-settling opponent to pay you outside of the court system.

[Poysyn]

I did speak to a lawyer, they prefer not to take dog bite cases as there isn't usually enough money to "make it worth their while".

The thing is the owner knows the dog bit me (he arrived seconds later) animal control is involved etc.

Anyway, I guess I will write the letter and see what happens...

[friedo]

Do you have health insurance which covered the medical costs? In that case, it's your insurance company that has a claim against the neighbor, not you. But I suppose you could demand reimbursement for the deductible, if there was one.

[Poysyn]

I live in Canada, so my health care was covered. This is for pain and suffering.

[Kimmy_Gibbler]

Originally Posted by friedo

Do you have health insurance which covered the medical costs? In that case, it's your insurance company that has a claim against the neighbor, not you. But I suppose you could demand reimbursement for the deductible, if there was one.

That is not the case. The health insurer-policyholder relationship is not one of subrogation (as it is for indemnity insurance, including automobile medical payments or collision insurance). Medical payments might look like health insurance from afar, but most people don't call this coverage (which is one of the seven traditionally automobile insurance coverages) "health insurance."

What nobody doubts is health insurance, the coverage you get through Blue Cross or Kaiser Permanente, say, does not have rights of subrogation. (In fact, KP is not an insurer at all, it is an HMO, more like a buying club than traditional actuarial-designed indemnity plans.)

[Rumor_Watkins]

Originally Posted by Kimmy_Gibbler

What nobody doubts is health insurance, the coverage you get through Blue Cross or Kaiser Permanente, say, does not have rights of subrogation. (In fact, KP is not an insurer at all, it is an HMO, more like a buying club than traditional actuarial-designed indemnity plans.)

Oh yes they do. Very much so.

[Kimmy_Gibbler]

Originally Posted by Rumor_Watkins

Oh yes they do. Very much so.

Ha. Learn something new everyday. By googling "health insurer subrogation."

[kayaker]

Originally Posted by Poysyn

I did speak to a lawyer, they prefer not to take dog bite cases as there isn't usually enough money to "make it worth their while".

I would speak with another lawyer.

[Rigamarole]

Originally Posted by Poysyn

I live in Canada, so my health care was covered. This is for pain and suffering.

Good luck with that.

[Poysyn]

Rigamarole - I figured at least one person would have that reaction, but you were not there and do not have the details.

kayaker - I have sent the letter - we'll see what happens next. I am prepared to take it further, but am hoping it's not necessary.