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In our town there is an ordinance that dogs are not to be allowed to run free. I called Animal Services to tell them what happened to ask them to do a welfare check on the dog because we were worried that they were going to do nothing for the dog. They told us that because the owner let the dog run free and has a history of doing this that he is responsible for the accident. Given that are they still able to sue us for the dog and vet bills?
If we have to go to court and they have three neighbors who are saying they will say my husband was going 40 mph and a veterinary saying that the injuries appeared to be the results of a 40 mph accident how do we defend ourselves when that is a lie? It's their word against my husband's who says he was going 20 mph..
It just seems rather unfair that a dog that is left to roam free that decides to bolt in front of your car forces you to at a minimum pay the insurance deductible and have the department of motor vehicles put a chargeable point on your record because the damages are over $1000. If we sued them in small claims court for the auto damages and they countersued for the vet bills and cost of the dog could we avoid the insurance altogether then? They're not likely to retain an attorney either as the retainer would be much higher than their vet bills and value of their dog.
Thanks very much for your help.
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