Your Rights If a Homeowners Insurance Company Denies Your Dog Bite Claim

If you were bitten by a dog in San Diego, you could suffer devastating injuries like crushed bones, a traumatic brain injury, scarring, or a severe infection. You may assume the dog owner's homeowners insurance or a renters' insurance company will cover your medical bills, lost wages, and other damages. Unfortunately, you may receive an unpleasant surprise if the insurance company denies your claim.

At the Law Offices of Mark C. Blane, APC, our experienced San Diego dog bite attorney regularly helps clients in this frustrating situation. Insurance companies look for reasons to avoid paying claims whenever possible, even when California law holds dog owners strictly liable in most cases. If you've received a claim denial, our lawyer will explain your options and fight hard with the insurance company for the compensation you deserve for your injuries.  

When Is a Dog Owner Liable for Dog Bites Under California’s Strict Liability Dog Bite Laws?

California has some of the strongest dog bite laws in the country. Unlike some states that follow a "one bite" rule, California imposes strict liability on dog owners in most situations. Victims do not have to prove the owner knew the dog was dangerous or had a history of aggression.

California's strict liability dog bite statute, California Civil Code § 3342, states that dog owners are liable for any injuries a victim suffers if they are bitten by a dog on public property or lawfully on private property. In other words, a dog owner is responsible for injuries their dog causes by biting you in:

• Public spaces like parks, sidewalks, and beaches
• Private property where you had a legal right to be, such as a vet clinic, business, or another person's home if invited
• The dog owner's own private property, as long as you were lawfully there (not trespassing)

The law applies regardless of whether the dog previously bit someone or showed aggressive tendencies. However, there are a few exceptions:

• If you were trespassing or committing another crime on private property at the time of the bite
• If you provoked the dog before being bitten
• If the dog was performing military or police work when the bite occurred

To recover damages under the statute, you must prove:

1. The defendant owned the dog.
2. The dog bit you while in a public space or lawfully on private property.
3. You were injured.
4. The dog bite caused your injuries.

California also sometimes allows dog bite victims to pursue compensation under negligence and premises liability laws. For example, a landlord who lets a tenant have a dangerous dog on the property without proper precautions could be liable.

What Are Common Reasons Insurers Deny Dog Bite Claims?

While insurance companies sometimes deny claims for legitimate reasons, they only do so to save the company money. If your claim was denied, the insurance adjuster may hope that you won’t understand your rights and won’t fight the denial. Here are common reasons our San Diego dog bite attorney finds insurance companies use to deny claims:

• Disputing liability. The insurer might argue that the dog owner isn't legally responsible for your injuries. For example, they may claim you provoked the dog or were trespassing during the attack. However, California's dog bite statute imposes strict liability in most cases, meaning the owner is liable even if the dog has never bitten anyone before.
• Questioning the severity of injuries. Insurance adjusters may try to downplay the extent of your injuries, claiming they aren't as serious as you allege. They might argue that your medical treatment was excessive or that some of your damages, like emotional distress, aren't covered.
• Policy exclusions or lapses. Some homeowners insurance policies exclude certain breeds considered "dangerous," such as pit bulls or Rottweilers. The insurer may refuse to pay if the dog that bit you is on the exclusion list. Similarly, if the owner lets their policy lapse due to nonpayment, there may be no coverage in effect.

Crucial Steps to Take After a Denied Dog Bite Claim

If you receive a claim denial, don't panic. You can take several steps to protect your rights and pursue the compensation you need and are entitled to under California law.

#1: Review the Denial Letter Carefully 

The denial letter should explain the specific reasons for the denial. Be sure you understand why your claim was denied and any deadlines for appealing the decision.

#2: Gather Evidence 

Substantial evidence is essential to prove your case and defeat the insurance company’s arguments about why they aren’t liable to pay you. Collect any evidence that supports your claim, such as:

• Photographs of the dog, the scene where you were bitten, and your injuries

• Medical records and bills

• Witness statements

• The dog owner's contact and insurance information

• Correspondence with the insurance company

• Police or animal control reports

#3: Report the Dog Bite

You are required to report the dog bite under California law. If you haven’t already done so, report the dog attack to the San Diego Humane Society Humane County Humane Enforcement Department and obtain a copy of the report.

#4 Appeal the Decision

Most insurers have an internal appeals process. You must submit a written request for reconsideration and any additional evidence. Be sure to meet all applicable deadlines.

#5: Consider a Lawsuit

 If the appeal is unsuccessful, you may need to file a personal injury lawsuit against the dog owner to recover damages. Our skilled San Diego dog bite attorney can guide you through the litigation process and fight for the full compensation you deserve.

#6: Explore Other Options 

In some cases, you may have alternative avenues for compensation. For example, if the attack occurred at the dog owner's workplace, you might be able to file a workers' compensation claim. If the bite happened at a business or rental property, the property owner may share liability with the dog owner.

How the Law Offices of Mark C. Blane, APC, Can Help

One of the most important steps you can take after suffering a dog bite is to retain our knowledgeable San Diego dog bite attorney. If you try to deal with a denied insurance claim after a traumatic dog bite, you could be taken advantage of by the insurance company and not successfully settle your claim. 

At the Law Offices of Mark C. Blane, APC, attorney Mark Blane has extensive experience standing up to insurance companies and fighting for the rights of dog bite victims across San Diego County. When you work with our firm, you can expect:

• Personalized attention. As a solo practitioner, Mark works closely with each client to understand their unique needs and goals. You'll have direct access to Mark throughout your case, not just a paralegal or junior associate.
• Thorough case development. Our attorney will dig deep to uncover all available evidence to support your claim, from medical records and expert testimony to witness statements and insurance policy documents. Our goal is to build the strongest possible case for maximum compensation.
• Skilled insurance negotiations. With his experience handling dog bite claims, our dog bite lawyer knows how to counter the tactics insurers use to avoid paying fair settlements. We’ll negotiate aggressively to obtain full and fair compensation for all your damages.
• Tenacious litigation. If the insurance company refuses to make a reasonable settlement offer, our attorney won't hesitate to file a personal injury lawsuit and advocate for your rights in court. We have a track record of success in dog bite trials across Southern California.
• No upfront fees. At the Law Offices of Mark C. Blane, APC, we work on a contingency fee basis. You will pay no attorney's fees unless we recover a settlement or judgment for you. 

Don't let an insurance company denial stand between you and the compensation you need to move forward after a dog bite. Our dog bite attorney is committed to helping you fight back and seek justice.