A lady was riding an ATV on the city streets and claims my dog ran in front of her she is trying to get payment for injuries. What should I do?

Lady was riding her ATV on town street s ( illegal considering my family has gotten tickets for riding atv’s on the streets) She was not issued a ticket even though it was obvious she was on the street riding an ATV since it was layin on the road next to her when EMS and Police came. She claims my dog ran infront of her (he is a yellow lab and here are several dogs that look just like him) She just came by to say she wanted to collect payment for medical expenses. What should I do

Asked on June 25, 2009 under Personal Injury, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The legality or illegality of her ATV riding doesn't affect her claim for injury; what does affect is whether it was your dog or not. If you feel it was not your dog, don't pay her, but be prepared that she might get a lawyer and push it; if she does, at that time you'll need to decide whether to pay, negotiate some intermediate settlement, or defend, though if you have liabilty insurance on your homeowner's policy, your insurance company should step in to defend you or pay any award. (Check your policy.) In the meantime, gather any evidence that would help you case--can you prove your dog was home? Can you document how many other look alike dogs there were in your area? Etc. That way, you'll be prepared should you actually pres a lawsuit.


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