Most dog bites in Tudor Village happen within a few doors of the victim’s own home, on a side street off Cross Bay Boulevard or near the houses that line the Belt Parkway. That closeness creates a particular hesitation. People who are hurt by a neighbor’s dog often hold back from pursuing compensation because they assume the neighbor will have to pay out of pocket. In most cases, that assumption is wrong. This guide explains how the money in a dog bite case actually moves, who you will be dealing with, and where the common pitfalls lie.
Who ordinarily pays for a dog bite
The typical source of payment is the dog owner’s homeowners or renters insurance policy. Many of these policies include personal liability coverage, which can respond when a policyholder’s dog injures someone. When you bring an animal bite claim, the practical opponent is usually an insurance carrier, and your neighbor’s own savings are rarely what is at stake.
That does not make the claim automatic. Under New York law, the injured person generally must show that the owner knew or should have known the dog had “vicious propensities,” the standard the Court of Appeals described in Collier v. Zambito (2004). Evidence of prior bites, growling, snapping, lunging at passersby, a “Beware of Dog” sign or a dog routinely chained or muzzled can support that showing. Separately, Agriculture & Markets Law § 123 makes the owner of a dog previously found to be dangerous strictly liable for the medical costs its attacks cause. Our article on who pays after a dog attack in Queens discusses these rules at greater length.
Other policies that may come into play
The owner’s policy is not always the only one. A landlord can be liable if it knew about the dog’s vicious propensities and had the power to remove the animal, which may bring the landlord’s insurer into the case. A business or building owner can be responsible for a dangerous dog kept on its property, guard dogs included. Identifying every potentially responsible party, and every policy behind each one, is part of the early work in any dog bite injury matter.
One source that does not apply: no-fault automobile insurance. Even if you were bitten while stepping out of your car, no-fault benefits do not cover dog bites.
The adjuster’s role, and yours
Shortly after a bite is reported, you may hear from a claims adjuster working for the owner’s insurer. Adjusters are often courteous and may sound helpful. It is important to understand that they are employed by the carrier, and part of their function is to limit what the carrier pays.
Recorded statements
Adjusters frequently ask injured people to give a recorded statement about the incident. You are entitled to decline until you have spoken with a lawyer. A recorded account given while you are in pain, on medication or still shaken can contain small inaccuracies, and those inaccuracies may later be used to question your version of events. Politely declining is a reasonable choice.
Medical authorizations
You may also be asked to sign a broad release of your medical records. Before doing so, have counsel review what is being requested. A well-drafted request is limited to the injuries at issue.
Early offers
An early settlement offer may arrive before your treatment is finished. Scars mature, infections appear later, and a need for plastic surgery or counseling may not be clear for months. Accepting payment typically ends the claim, so the value of a case is best assessed once the medical picture is reasonably complete.
Policy limits and what they mean for you
Every liability policy has a limit, which is the maximum the carrier has agreed to pay for a covered claim. Limits vary widely from one household to the next. When injuries are serious, for instance nerve damage in a hand, a fracture from being knocked down, or significant facial scarring, the policy limit can become a central question. We ask about coverage early, look at whether more than one policy applies, and plan the claim accordingly.
Compensation in a successful claim can include medical bills, the cost of future care such as scar revision, lost wages, pain and suffering, and disfigurement. The figure an insurer will pay depends on proof of each of those elements, which is why detailed medical records and photographs taken throughout healing matter so much.
Shared fault and how insurers use it
Insurers sometimes argue that the injured person provoked the dog or ignored an obvious warning. New York follows pure comparative fault: if you bear some share of responsibility, your recovery is reduced by that percentage, but it is not eliminated. An adjuster’s claim that you were partly to blame is a negotiating position, not a final ruling. Our guide to comparative negligence in New York explains how this works.
Deadlines that apply regardless of negotiations
Settlement discussions do not stop the clock. A personal injury lawsuit must generally be filed within three years under CPLR § 214. For minors, CPLR § 208 generally tolls that period until the child turns 18. Where city property or a public authority is involved, a notice of claim is usually required within 90 days. An insurer has no obligation to remind you of any of these dates.
Practical steps that protect an insurance claim
- Obtain medical care promptly and follow through with every appointment.
- Identify the owner, and ask whether the dog is vaccinated against rabies.
- Report the bite to NYC Health within 24 hours using the city’s animal bite form.
- Photograph the wounds, your clothing and the location, and continue photographing as you heal.
- Collect names and contact details from witnesses.
- Keep every bill, pharmacy receipt and record of missed work, along with any letters the insurer sends you.
- Speak with a lawyer before giving the insurer a statement.
Representation for Tudor Village residents
Yakov Mushiyev & Associates represents people injured by dogs throughout southern Queens and has recovered over $80 million for injured New Yorkers. As a dog bite lawyer in Tudor Village cases, our role is to deal with the carrier on your behalf so that you are not negotiating against a professional while recovering. Consultations are free, and our fee is contingent: no fee unless we win. We speak English, Russian and Spanish, and we can meet at your home, in the hospital or by video. For a fuller view of our approach, see the dog bite practice area or our Tudor Village injury lawyer page.
To discuss an insurer’s contact or offer, telephone 718.775.3110 or use our online contact form. A Tudor Village dog bite lawyer from our office will review what the insurer has said and explain your options.
Neighboring communities we serve
Clients from surrounding areas can find location-specific information here:
- Dog bite lawyer in Ozone Park
- Dog bite lawyer in South Ozone Park
- Dog bite lawyer in Howard Beach
- Dog bite lawyer in Woodhaven
Office location and directions
The firm is located at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422. The embedded map charts the drive from Tudor Village to our office. Clients who cannot travel easily may ask us to come to them instead.
Attorney Advertising. The material above is general information about insurance in New York dog bite matters. It is not legal advice, and no attorney-client relationship is formed by reading it.