Do I sue the dog owners or the insurance company?

I broke my foot in three places when a neighborhood dog knocked me down. Their insurance company is being uncoopertive. What should I do if they deny my claim?

You need to sue the neighbor because it was their dog that knocked you down therefore it was your neighbor's negligence that lead to your injury. You just have to ask yourself, what did the insurance company do that lead to you getting your foot broken, nothing.

That's not to say that the insurance company isn't going to be a party down the road. You'll likely enjoin them in the case as a necessary party in order to go after a solvent party if you neighbor doesn't have money to pay a possible judgment. Either way, that is something your lawyer will do as part of case management strategy. But in the initially suit you should just name your neighbor.

Where was the dog? was it on a lead or roaming around freely? This case could be classed as misfortune all depending on the circumstances.

If they deny your claim and you have to go through your own insurance company to take care of your medical bills, I think your insurance company can sue their insurance company. If that fails though, you can take them to civil court.

The mere fact that a dog knocks you down does not create a claim. There must be some omission of a duty or negligent act for the dog's owner to be liable. See an attorney about whether you have a claim.

If you are determined to sue somebody then take the Insurance Company.

They will have money to pay if you win and they may settle before court in you have a good case. I would bet that the dog owner will be unemployed, on benefit and penny-less if you try to sue him.

the insurance company is self serving and will do everything it can to discourage you and or delay payment , seek a reputable attourney now and sue the dogs owners one a settlement is awarded then as the owners agent the insurance company must pay, that's why you pay premius for..............go get em'

you should sue the owners. Take it to a small claims court if you have to. They should have had the dog chained up or in a fence.

Let your insurance company handle it. Your insurance will pick up on the bills and then go after them for reimbursement.

Insurance Companies exist solely to say any money the insured may be liable for. In your case you are claiming that the dog owner is liable for not controling their dog. You have to start a lawsuit againt the dog owner and their insurance company will provide an attory to defend them. Speak to one or more attorneys who represent people in personal injuries and discuss your case. Insurance companyies love to hang on to their money until its pried out of their hands

Holy cr#psicles! I understand that most people don't comprehend the dynamics of how a personal injury lawsuit works, but then why the f#ck do they speak up?

Unsober -- are you sure you're an attorney? I highly doubt it. And if you are, get yourself a new profession because you don't know what the hell you're talking about. Seriously, "you'll likely enjoin them in the case"? You just trying to make up legal-speak?

UPDATE: Unsober, I just came across another of your answers. I guess you're an estate attorney two years out? All right, you're forgiven. Just stop giving litigation advice because you really don't know what you're talking about. I don't know sh!t about estate planning, so I keep my mouth shut on those questions. Please do the same when it comes to litigation.

Wizzard2 is right. The lawsuit is against the tortfeasor. The tortfeasor is the neighbor (i.e. the owner of the dog.) The neighbor's insurance company is not, and never will be, a party to the action. The insurance company has two obligations to the insured: (1) indemnify the insured up to a certain dollar amount and (2) provide a defense.

When the insurance company pays out, if it pays out, it does so on BEHALF of the insured. It does not pay out under any theory that the insurer is directly liable in tort for damages to the injured. It's a contractual obligation that the insurer has. It is not the tortfeasor.

sue the owners.they have d responsibility to keep their dog out of the way

the insurance company

write a letter to everyone. You may have to see an attorney if you are badly injured.

owner

get over it