What to do if my neighbor claims that our dog scratched his car, although he did not see it happen?

He filed a claim on his auto insurance and now we have received a letter demanding payment from his insurance’s subgrogation dept. I do not think we are liable for the damage and have not been shown any proof that it was our dog. How should I respond to this letter? Also, my neighbor has 2 large dogs of his own that run free on his property.

Asked on January 23, 2013 under Accident Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under the laws of all states in this country your neighbir bears the burden of proving that your dog scratched his car. Absent seeing your dog do the deed, your neighbor's claim seems to lack a valid basis against your canine. I would submit the letter to your homeowner's insurance company. In the interim, I would write a letter in response asking for proof of the claim.


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