Most Dog Bite Claims Are Paid by Homeowner’s Insurance
If you were bitten by a dog in Chicago, the money to pay your claim will almost always come from the dog owner’s homeowner’s insurance policy. Understanding how homeowner’s insurance works in dog bite cases is one of the most important things you can do to protect your right to fair compensation. The Insurance Information Institute reports that dog bite claims account for more than one-third of all homeowner’s liability claims paid each year. The average dog bite claim in the United States is now over $64,000. In serious cases involving surgery, hospitalization, or permanent scarring, claims can reach hundreds of thousands of dollars.
How Homeowner’s Insurance Covers Dog Bites
Most standard homeowner’s insurance policies include liability coverage. This coverage pays for injuries that the homeowner or their family members (including their pets) cause to other people. When a policyholder’s dog bites someone, the liability portion of their homeowner’s policy covers the victim’s medical bills, lost wages, pain and suffering, and other damages. Renter’s insurance works the same way. If the dog owner rents their home or apartment, their renter’s insurance policy typically includes liability coverage for dog bites. The typical homeowner’s policy provides $100,000 to $300,000 in liability coverage. Some homeowners carry umbrella policies that provide an additional $1 million or more in coverage. The amount of available insurance is a critical factor in how much compensation you can recover.
Exclusions and Limitations
Not every dog bite is covered by homeowner’s insurance. Insurance companies have become more aggressive about limiting their exposure to dog bite claims.
Breed Exclusions
Many insurance companies exclude certain breeds from coverage. Breeds commonly excluded include pit bulls, rottweilers, German shepherds, Doberman pinschers, chow chows, Akitas, and wolf hybrids. If the dog owner has a breed that is excluded from their policy, the insurance company will deny the claim. This does not mean you have no options. The dog owner is still personally liable under Illinois strict liability law. If they have assets, you can pursue them directly. Some owners also carry separate animal liability policies to cover excluded breeds.
Prior Bite History
If the dog has bitten someone before and the insurance company knows about it, they may have added an exclusion for that specific dog. Some companies will cancel the entire policy after a first bite. Others will continue coverage but exclude the dog that bit someone.
Intentional Acts
Homeowner’s insurance does not cover intentional acts. If the dog owner deliberately set their dog on you, the insurance company will deny the claim. However, this exclusion is narrow. An owner who negligently failed to control their dog is still covered.
Business Use
If the dog was being used for a business purpose when it bit you, the homeowner’s policy may not cover the claim. For example, if someone is running a dog breeding business from their home, their homeowner’s policy might exclude injuries related to that business.
Filing a Dog Bite Insurance Claim
Step 1: Report the Bite
Report the dog bite to Chicago Animal Care and Control by calling 311. Also file a police report if the attack was severe. These official reports create a record that supports your claim.
Step 2: Get Medical Treatment
See a doctor promptly and follow all treatment recommendations. Your medical records are the foundation of your claim. Keep copies of all bills, records, and receipts.
Step 3: Identify the Dog Owner’s Insurance
You need to find out whether the dog owner has homeowner’s or renter’s insurance and which company provides it. The owner is not required to give you this information voluntarily. A lawyer can send a formal demand that identifies the need for insurance information, and if a lawsuit is filed, the insurance details will come out in discovery.
Step 4: Notify the Insurance Company
Once you know the insurance carrier, file a liability claim. The insurance company will assign an adjuster to investigate. The adjuster will contact you for a statement, review medical records, and assess the claim.
Step 5: Be Careful What You Say
The insurance adjuster is not on your side. Their job is to minimize the payout. They may ask leading questions designed to get you to admit fault or minimize your injuries. They may ask you to give a recorded statement. You are not required to do so. It is strongly recommended that you speak with a lawyer before talking to the insurance company.
What the Insurance Company Will Do
Investigate the Claim
The adjuster will investigate the circumstances of the bite. They will try to find out if you provoked the dog, if you were trespassing, or if there are any other defenses the owner can raise. They may talk to witnesses, review animal control records, and look at the dog’s history.
Request Medical Records
The insurance company will ask for your medical records. Be careful about signing broad medical authorizations. They may try to access your entire medical history looking for pre-existing conditions they can blame your injuries on. Only authorize release of records related to the dog bite injury.
Make a Low Initial Offer
Most insurance companies will make an initial settlement offer that is far below the true value of your claim. They know that many victims are dealing with medical bills and financial pressure. They hope you will accept a quick payout rather than fight for what you actually deserve. Do not accept the first offer without consulting a lawyer. Once you sign a release, you give up all rights to pursue additional compensation, even if your injuries turn out to be worse than expected.
What If the Dog Owner Has No Insurance?
Some dog owners do not have homeowner’s or renter’s insurance. Others have policies that exclude their dog. In these situations, you can still pursue the owner personally. Under Illinois strict liability law, the dog owner is responsible for your injuries regardless of whether they have insurance. If the owner has assets such as a home, a car, savings, or income, you can obtain a judgment and collect against those assets. Your own insurance may also provide some coverage. If you have health insurance, it will cover your medical bills (subject to your deductible and copays). If you have uninsured motorist coverage and the dog knocked you off a bicycle, that policy might apply in some situations. A lawyer experienced in insurance and liability can help you identify all possible sources of recovery.
How a Lawyer Maximizes Your Dog Bite Insurance Claim
Handling an insurance claim on your own puts you at a disadvantage. Insurance companies have teams of adjusters and lawyers working to protect their bottom line. You need someone on your side who knows how the process works. A dog bite lawyer will: – Investigate the attack and gather evidence – Identify all available insurance policies – Calculate the full value of your claim, including future medical needs – Handle all communication with the insurance company – Negotiate aggressively for a fair settlement – File a lawsuit if the insurance company will not pay what your case is worth Dog bite cases involving serious injuries like broken bones, head injuries, or permanent scarring require careful documentation and aggressive representation. Knowing what to look for when hiring a lawyer ensures you get someone who will fight for the maximum recovery.
The Statute of Limitations
In Illinois, you have two years from the date of the dog bite to file a lawsuit. If you miss this deadline, you lose your right to compensation. Insurance companies know this and may try to stall until the deadline passes. Do not let them run out the clock on your claim.
Get Help with Your Dog Bite Insurance Claim
If you were bitten by a dog in Chicago and are dealing with an insurance company, get legal help before you accept any settlement. The insurance company is not looking out for you. A lawyer who handles dog bite cases will make sure you receive the full compensation the law allows. Call Phillips Law Offices at (312) 346-4262 or contact us online at /contact/ for a free consultation. We will review your case and advise you on the best path forward.