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I received a letter for claim for recovery of personal

Hello I received a...

Hello I received a letter for claim for recovery of personal injury damages as a result of my negligence. My dogs got out and in less than 5 minutes a man claimed to be knocked down. We have incident on video of my dog stopping and sitting in front of the man for a few mins until he walks towards sitting dog with raised stick . My dog goes forward walking man steps back out of range and claims dog jumped on him. With in seconds he is back in range walking. I call dogs in and once he hears me he holds his shoulder and claims he is hurt. I apologize and advise it won’t happen again.

Lawyer's Assistant: Can you tell me what state this is in? And do you have copies of the medical records?

Texas and no medical records. Just a certified letter

Lawyer's Assistant: Has anything been filed or reported?

Police were called that day, fire safety and animal control.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

A letter from animal control saying fence is intact and no prior warning on animal. A formal warning letter

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Answered in 10 minutes by:
3/12/2018
Andrew
Andrew, Lawyer
Category: Legal
Satisfied Customers: 314
Experience: Attorney
Verified

Hello I am a licensed practicing attorney with 20 years’ experience hopefully I can help with your problem. Please give me a moment to review and respond to your question.

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Customer reply replied 1 month ago
Thank You

So sorry to hear about your situation. You can choose to handle this matter yourself or turn it over to your home owners insurance. If this man alleges that he was injured on or around your property you any damages could be covered by your home owners coverage. You can also choose to handle this yourself, especially since it sounds like you have a video evidence that he is lying. Moreover, just because he fell down does not mean he was injured generally to have a personal injury claim you must be injured. Having no medical bills gives you nothing to base a settlement on. If he has no injuries there is no claim.

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Did you have any other questions? If not please don't forget to rate me. 5 stars is appreciated. Thanks!

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Customer reply replied 1 month ago
He sought medical attention that day.

Ok so even he got medical attention does not necessarily mean that his claim is not bogus. You have him on film right and there is no evidence that he fell correct?

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Customer reply replied 1 month ago
They are asking us to turn over letter to home owners insurance . States failure to do so may result in cancellation of coverage

Ok so even if he got medical attention does not necessarily mean that his claim is not bogus. You have him on film right and there is no evidence that he fell correct?

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Customer reply replied 1 month ago
we have him on film but he steps out of range and claims he fell

Oh ok so there is a possibly that he got hurt, however unless your dog knocked him down I'm not sure how that it is your fault. You will not lose your homeowner's insurance that is a lie they would rather just deal with them then you.

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The easiest thing for you to do would be to turn it over to your home owner's insurance that is what its there for. I would also make sure they have a copy of your video.

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If they do not believe the claim is warranted they will not pay.

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If you have no further questions, please remember to leave a favorable rating (5 stars is appreciated). It is the only way that I am credited by JustAnswer for answering your question. Thank you!

Andrew
Andrew, Lawyer
Category: Legal
Satisfied Customers: 314
Experience: Attorney
Verified
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Customer reply replied 1 month ago
In the letter it states for purpose of section 304.104, Texas Finance code , this letter constitutes written notice of our clients claim for recovery of personal injury damages
Customer reply replied 1 month ago
Homeowners Ins is in dead grandmothers name as is house. Letter is addressed to grandmother
Customer reply replied 1 month ago
Can you please answer last questions

Ok so 304.104 has to do with the accrual of prejudgment interest for personal injury claims. They are letting you know that the interest clock has started. You can prevent prejudgment interest from accruing by making a settlement offer. Prejudgment interest stops during the period in which the offer could be accepted. With regard to the insurance you should still be covered probably should get the insurance in your name at some point as well as deal with the title to the property. I do have some concerns that if you are sued personally that insurance might try to weasel out of paying. I would contact your insurance immediately and let them know whats going on.

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