Service Dog Injured in Accident

[heartdog]

This is in CA. Last Sept. I was rear ended while waiting for a light to turn, by a college kid. I was fine, but my dog fell over on his back, which had previously had surgery about a year prior for a herniated disc, and he was doing well until then. The accident caused him to re-herniate the disc, and he has suffered some neurological damage that is permanent. It affects his job to a certain degree, and his prognosis is that it will stay this way, and possibly worsen even with age.

I've taken him to some surgeons for consults, and then went with acupuncture and other holistic treatments, which have helped considerably, to keep him working and mobile. So far, his medical bills are up to about 4K, and I would like to continue to get acupuncture bi-monthly for the rest of his life. He's 8.

I'm totally at a loss at how to make a demand for this. I realize that in the law, dogs are property, so this will be like property damage. But it's kind of different, too, because he's a working dog that helps me, isn't it? There's a lot of emotional factors to this, what I've been going through because of his injury. Plus the fact that I'm not able to utilize him in the same way. He can no longer pull my wheelchair, or jump up on things to get them down. Mostly he can just pick up things I drop.

So any advice on how to proceed with something like this. Should I even do it on my own, or get a lawyer? Thanks!

[LawResearcherMissy]

Who is your insurer?

We use Progressive, and they recently decided to automatically include pet injury coverage, should your pooch be with you in the vehicle when you're involved in an accident.

Ask your insurer first. It's my understanding that a number of insurers are including this coverage.

If they don't offer it, and won't offer you an alternative to make a claim, yes, hire an attorney. Your dog is not an ordinary dog.

[jk]

this is just my reasoning with a bit of my logic but although this is not an ordinary dog, I suspect pin pricks for the rest of the dogs life is not going to happen on the other parties dime.

since an animal is property, even a service dog, I suspect this will be treated like when your car is damaged.

The injuries are collectible up to the value of the dog. At that point, your dog is totaled. Since the dog cannot perform its duties, it is totaled. As such, you would be due the value of a new service dog. Nothing more.

Like I said, this is with the "property" theory in mind.

As to acupuncture and holistic healing: I highly doubt you would ever win this type of treatment in court. It has very limited acceptance in traditional western medicine and the effectiveness is still highly disputed. As such, I suspect an insurance company would flat out deny payment.

One question I have for the OP though:

was your dog in a car restraint system designed for dogs?

If not, you may be hard pressed to claim anything since your failure to properly restrain your dog would be contributory, to a high percentage, to the injury.

[heartdog]

How does one determine the value of a trained Service dog, though. It's not just how much the dog cost, but the training, time, etc. He was not in a restraint device, because of my disability, I can't put him in one feasibly. I've already answered that to the other party's adjuster. I have the back part of my Element put down, the seat is like a bed. Even with something like that, he might still have blown his disc with the impact.

As for the holistic medicine, I thought acupuncture had gained quite a bit of acceptance. He goes to a place designed just for that with animals, and it's a very well known place. The doctor has been doing it for 30 years, gives lectures at humane societies and such. If it went to court, he would be a pretty darn good expert in the field. Plus his regular vet even does it, and recommends the place we go. Because another surgery is not a good option for my dog, it would likely make him worse, this was what was prescribed. It doesn't cure it, but it does keep him more mobile.

So for being "totaled", it would still cost far more to obtain and train a new dog, than to reimburse for the treatments so far.

[jk]

treatments so far? You said you wanted acupuncture for life.



How much does it take to replace him.

How does one determine the value of a trained Service dog, though. It's not just how much the dog cost, but the training, time, etc

how much would it cost you to go out and purchase a service dog, trained to assist you. That is how much you have been damaged.

as to the acceptance of acupuncture or holistic medicines; personally not trying to argue the value or success of such but western medicine is not overly accepting of them. They are very difficult to prove and as such, the chances of being granted payment for them may be difficult. Not saying it would be impossible but difficult, at best.


to the dog being totaled. You are the one stating the dog is incapable of performing the required tasks. You may have to decide if this is a service animal or a pet. If a service animal, then it can be replaced and does have a substantial financial value but it can be replaced by another dog.. If it is a pet, it does not have much value at all itself. Injuries would be compensated though. Since the dog will never be able to perform as needed or trained, you have lost a service dog. If you are willing to keep this dog regardless of it not being able to perform, I believe you have converted it to a pet.

He was not in a restraint device, because of my disability, I can't put him in one feasibly

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so another person should be liable because you could not restrain your dog, which may have prevented this injury?

I would suggest if you are that limited that you could not restrain your dog, you maybe should not be operating a vehicle. Not trying to be judgmental but I would think that if you are that limited that tying the dog up is impossible, maybe, the agility needed to drive safely is no longer with you.

I have the back part of my Element put down, the seat is like a bed. Even with something like that, he might still have blown his disc with the impact.

that kind of speculation is not going to get you anywhere. The fact is, the dog was not restrained and it was injured. Who know what would have happened if the dog were restrained? If restrained yet still injured, they that would remove their defense, which I believe is fairly strong.

Would you put a child on the folded seat and believe it would be safe? If not, why would you believe a dog would be any safer?

[heartdog]

[QUOTE=jk;323555]
Since the dog will never be able to perform as needed or trained, you have lost a service dog. If you are willing to keep this dog regardless of it not being able to perform, I believe you have converted it to a pet.

He is still able to do the main task trained for. I just don't have him pull my chair any more. So he's still a viable Service dog, just has some limitations that weren't there before.
.

so another person should be liable because you could not restrain your dog, which may have prevented this injury?

I would suggest if you are that limited that you could not restrain your dog, you maybe should not be operating a vehicle. Not trying to be judgmental but I would think that if you are that limited that tying the dog up is impossible, maybe, the agility needed to drive safely is no longer with you.

Of course I can drive safely. I'm merely in a wheelchair. So crawling into the back, to put a harness and attach it to the seat would be pretty hard. Most people with a Service dog just has them ride in the back seat. Very few people restrain a dog in a car. And who's to say it would have prevented it. The shock of impact alone was pretty rough.

A dog is safer because they're a lot more agile than a toddler or infant. He's like another passenger, sitting in a seat.

I can say that damages for injuries would still be less than the cost to obtain and train a new dog. And his treatments keep him working. I would *never* replace him, (until he's passed on) as he is a very, very special dog.