Dogs - False Claim Of Liability - Advice Please

[Peaspeculiars]

I am fuming and wish to ask for some advice form the legal eagle's if I may.

A couple of months ago my partner took our labrador to the country park where the majority is for off lead dog walking. Our dog was playing with another couples dog (both off lead) for several minutes, playing really nicely and both running about.
Whilst talking to my partner the couple both had their backs to the dogs, our dog ran wide round the couple and their wolfhound cross kept going, ran into the man's legs and knocked him over.
My OH called an ambulance and waited 2 hrs for it to come, gave him first aid and ran the lady and her dog home as she didn't drive and left his telephone number so she could call and let him know that her husband was ok.
The man broke his ankle and after an operation is in plaster.

Please bear in mind now that our dog did NOT run into the husband.

Today the woman called over to me and asked if 'name' was my partner, I said yes and she came over to say 'As your dog knocked my husband over and broke his ankle we have had to delay moving to France and we need to make a claim against you to get some money back. Is your dog insured?'

I can't believe it! Our dog did not make contact with the husband. I only got our dog insured a few weeks ago, so at the time of the incident he was not insured and we would not be covered should they proceed with the claim. I am really scared that if they decide to sue us, it will be the couple's words against my OH's and this could ruin us financially!
We are a couple who will go out of our way to help others, so this is quite a shock.

After I explained that I had only insured the dog recently, so she said 'Obviously have a look at your documentation and ask your OH to call us to discuss. We don't want it to be to your detriment but we want some of the costs incurred back'

By mentioning the words 'detriment' and 'incurred' I realise that she has been reading some legal documentation recently, as this is not used generally to converse.
My OH has no intention of calling her and believes that someone has had 'a word in their ear' to try and recoup some money dis-honestly. But we are both scared.

In your legal opinion, should we:
1) Do nothing, wait for them to contact us and see where it goes
2) Call them and clearly point out that our dog was not at the cause of the accident, and that we have no insurance for that period of time.
3) Contact a sol and get some pre-advice should things go further and we are prepared.
4) Hide in a corner and cry.

I just can't believe people can be so dishonest and cause so much stress to an honest, helpful couple. It has put me off letting my dog off the lead at all now and I certainly will be avoiding the park in case I bump into her again.

Any advice would be greatly appreciated, Thank you in advance.

[RATTER15]

Thanks Woof, I didn't notice that bit.

[Peaspeculiars]

Hi Ratter, yes the area they were in was clearly signed for off the lead dog walking.

My OH has written an honest and factual statement of the accident this morning whilst I've been on AB and we will keep it safe in case we need it.

[RATTER15]

In that case Peas. I doubt he has a leg to stand on. ok, maybe the one leg.

[Nibble]

Ask your OH to make a sketch too, peas, it's all material to any potential claim.

Anyone has up to three years to make a claim for personal injury so although it is quite a long time ago, the man is not statute-barred, he's still within his time limit to try to make a claim.

If I can advise you one thing - DON'T enter into any further conversation on the phone or face to face with this couple about their intended claim. The fact that they know you don't have pet insurance doesn't preclude them from making a claim against you personally in respect of the injury the man suffered. Check your household insurance policy carefully, the public liability section may have something there, or discuss it with your household insurance company - and if it does, and you do receive any claim letter, send it straight to the insurance company, don't respond to it in any way. If they are going to make a claim, they shouldn't be discussing it with you personally anyway. Don't have any further discussion with them - or if you must, just say that you know it wasn't your dog. It'll be difficult to prove anyway, it's one couple's story against your version.

If they do send you a letter, and you're not covered by insurance, see a solicitor straight away. Don't have any direct communication with the couple once the letter's been received, it could prejudice the outcome of the claim.

Good luck - let us know how you get on!

[boxtops]

^ sorry peas, that was from me, not nibble.

[Peaspeculiars]

Thank you Boxtop's that is sound advice. I will get my house insurance out now, I had no idea that it might cover incidences like this, so will study it carefully.
We are very laid back, non-confrontational people and will of course not converse with them further. If we do find that household insurance doesn't cover a claim and they do send a letter, we will go straight to a solicitor- also very sound advice, thanks.

And Ratter, Thank you too - that is the first chuckle I have had all day.

[2sp_]

Sorry Peas, I hadn't read it carefully!

I still think they are just chancing their arm though. Or leg.

I think what makes it all worse for your OH, is that he was so helpful and considerate when it happened and now they are behaving like this.

(I hope his leg really hurts.)

[Peaspeculiars]

Cheers 2sp_
I hope he makes an fast, pain-free and speedy recovery and b*ggers off to France! :-)

[cassa333]

Forgive me if I have read your post wrong but you state that your dog ran wide and his woofhound ran into his legs and knocked him over!!

Not your dogs fault at all?!!!

[Peaspeculiars]

Yes Cassa, which is why I can't believe they want to make a claim stating that it was our dog - my OH's word against theirs (two against one) on a false claim.
We'll have to sit tight and wait and see what they do :( The mind boggles.

[Peter Pedant]

Definitely wait and see. - option 1

There is no point in telling her you arent liable ( you would, wouldnt you ) as she wont believe you and she has to find out for herself.

Google: UK negligent pet owner claims
and reasure yourself - there arent any claims so clearly this isnt a growth area in the UK. It seems to be in the US.

option 2 is kinda asking them to sue so dont do that

option 3 pay money for this advice ! he will say wait and see and then charge.

as above get a copy of your household insurance and read it - you may in fact be covered. DON'T ring them and ask - they will say no - the skool leva at the end of the phone will immediately say - "na we dont do vat sorta fing. yeah goodbye"

DONT stop being a good samaritan

just reflect on the saying - no good deed goes unpunished.


[ I have been in need of help and people walked on by - I reserve particular spleen for them ]

[Peter Pedant]

Oh you should think seriously about walking dog somewhere else.

I think she is bound to beard you as the little voice in her ear whispers insistently - money money money

[thugulike]

CAB will advise you free of charge. It may be that if the couple think you do have insurance then they will make a claim. Whatever you do don't incur any cost yet. It's very upsetting when things like this happen but try not to worry as it won't help. I was once a witness to an accident where a drunk knocked a guy off his motorcycle. I insisted on giving the motorcyclist my business card even although he laughed and said it wasn't his fault. Sure enough a few weeks later I had a visit from the police as the drunk had claimed he'd been run over. All was happily resolved then and I'm sure this matter will not proceed. Good luck

[Peaspeculiars]

Thanks Peter, we certainly won't let this put us off helping others and yes, I will be going elsewhere to walk the dog from now on.
Our household insurance includes: 'Family Legal Protection' and 'Personal Liability' - I presume these are the key elements of cover should I need to call on the insurance company?
Cheers, my head has been spinning all day

[Peaspeculiars]

Thanks also Thugulike

[boxtops]

Peas, as someone who used to work in insurance claims - check the wording under those sections. You CAN ring them, despite pp's comments in textspeak (I don't know what that's about!) - or look online for all the detailed policy T&Cs, you need to know now if you are covered, or not. If not, the advice we'll give you will be different.

[Peaspeculiars]

Thanks Boxtops, I've checked the small print of our policy in-line and it seems to cover this incident should they decide to carry on:

[i] a. Personal liability
We will insure you up to the policy limit shown in your latest Schedule should you become personally legally liable to pay for accidents that are not connected with you owning or occupying your home.
These accidents must result in:
• bodily injury to, or illness of, any person (but not any member of your household or your employees) [i]

This is covered up to £2 million.

[albaqwerty]

can I just stick me oar in in, and say I'm glad you've checked your poicy.

Please ignore anymore nastiness from them as you know that you're covered and don't say anything to them.

If she phones or contacts you, just say 'talk to me through my lawyer'
and it's also not up to you to proviide that info as far as I know.

Peas, the whole thing stinks and I'm so sorry that such nice people are on the receiving end of such nastiness x

[Peaspeculiars]

Aww, cheers Alba, lovely comment :o)
I've finally calmed down and am off to soak in a nice bath.
For the next few weeks at least, morning walks will be on the lead in the nearby fields (not the country park) and I know of a lovely canal walk close to my parents village that I am going to take the hound to in the afternoons. Then there is always the allotment for him to 'dig' when we visit my OH's parents :-)

[chrissa1]

It wasn't your dog's fault!!!!!!! End of story!!!!!! It could quite easily have been your OH who had been hit by their dog.

Why should your premium probably rise because their dog ran into him?

Tell them to take a running jump, or hop in his case.