who is responsible for vehicle damage in NYS

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

who is responsible for vehicle damage in NYS

I hit a neighbor’s dog who ran out of the home and then ran away.
The dog appears to be fine. They are asking for vet bills and time from work. I
suffered car damage. I submitted 2 estimates and they said they would contact
their insurance under home owners. After I said I am not liable for their vet bills
they refused to contact the insurance company. I have a police report and am
going to small claims court. I am trying to ascertain NYS law in this regard as to
liability for auto damage and an unleash law.

Asked on July 2, 2018 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It's all about who was negligent or careless in this specific case. If they were taking reasonable steps to keep the dog confined but it managed to get out despite their reasonable care, they were not careless; but if they left the door open without paying attention and that's how it got out, they *were* careless. If you were driving too fast, not paying attention, etc., you were careless; but if you were driving carefully and at the speed limit, you were not. To oversimplify:
* If they were careless and you were not, they are liable for your car damage and you do not have to pay vet bills.
* If you were careless and they were not, you have to pay their vet bills and pay for your own car damage.
* If neither of you were careless, or if you were both equally careless, you each pay your own bills.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption