Dog owner liability insurance
Why is the conclusion of a dog owner liability insurance worthwhile??
Dogs are faithful everyday companions. Every welcome is euphoric as the first day. Even unpleasant events are not carried forward. The best friend on four paws is eager to learn, as long as it is playful. Then he or she forgets everything around. Unfortunately, this game can also turn into an unintentionally serious situation if another person or dog is harmed by your own.
A dog owner liability insurance also protects if an accident is caused by the dog on the street. Your four-legged friend can be just as jumpy in a situation as his mistress or master. If the dog feels threatened, its instincts would tell it to run away or defend itself.
Liability is the obligation to pay compensation for damage caused by a dog. The obligation derives from the law, which states that someone who causes damage to another person must compensate for it.
The task of the dog owner liability insurance is to check claims for damages, which are raised against the owner, and also to protect against negative, financial consequences. The damage caused by the dog cannot be claimed as compensation from the four-legged friend, so the owner becomes liable.
The dog owner liability insurance takes over
– checking whether a claim is justified and whether there is a claim for damages – if yes, it fulfills the claims as compensation in money – if no, it fights off unjustified claims or claims for damages
Risks of legal proceedings
If a claim is unjustified, or if the dog owner liability insurance would come to this conclusion after a thorough examination, the claimant could go the way of a legal action. For legal disputes arising from claims for damages and resulting in a lawsuit, the insurance company bears the risk and, if necessary, incurred costs.
A case of damage can thus not only give rise to a claim for damages, but also entail high costs of legal action, insofar as the owner is of the opinion that a claim is unjustified.
The dog owner liability insurance does not only take over the liability for claims for damages against the owner, but also for some other persons, who occasionally or temporarily take care of the dog.
Included persons as insured persons
Co-insured are from the legal liability when herding or leading a dog:
– The policyholder, spouse or life partner – Unmarried children (including stepchildren, adopted children or foster children who are not in a (registered) life partnership) – Children of full age, insofar as they are in school or (immediately following) vocational training. Often limited to initial vocational training or initial studies) – Parents registered with the owner (policyholder) and living in the same household, parents of the spouse or registered partner – Persons temporarily living in the household or incorporated into the household, such as exchange students or au pairs.
This means that these persons are themselves protected by the dog owner liability insurance, as there is still the difficulty that they could possibly not establish such a liability insurance without their own dog. An existing, private liability insurance does not always cover the risk that exists when leading or caring for another's dog.
The dog owner liability insurance therefore plays an important role not only in the everyday life of the owner. It also acts as protection for third parties who are temporarily or occasionally responsible for the care or supervision of the dog on behalf of the owner. Depending on the situation, a claim can threaten the financial existence, up to possible garnishment of salaries and assets, insofar as the obligation to pay benefits is undisputed.
This creates an extremely unpleasant scenario for third parties, especially since the legal situation is clear in this case. Liability is primarily the responsibility of the dog handler. Thus, the owner shares responsibility for the financial existence of third parties who agree to temporarily care for the dog.
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Which damages are covered by a dog owner liability insurance??
Insured are cases of damage that lead to a
– Personal injury (e.g. injury to the health of a third party) – Property damage (e.g. damage to property belonging to others) – Financial loss (e.g. loss of earnings of the person concerned)
Personal injury caused by the dog
Personal injury can result from the dog attacking a third party, causing a fall or an accident with or between other road users. It also covers the owner of another dog who suffers damage to his health as a result of his own.
In the case of accidents with vehicles (cars, trucks, motorcycles, bicycles or rail vehicles), all occupants are also insured, who do not have ownership of the means of transport.
Included are cases of damage that occur during the dog's participation in training courses and examinations. The insurance also covers participation in dog shows, tournaments, races and their preparations.
Property damage includes all damage to the property or possessions of a third party
If the owner is visiting with his dog, damage to living quarters and their furnishings are included. Rooms rented for private purposes in permanent buildings are included in the scope of insurance as well as resulting financial losses (e.g. loss of income due to unusability).
Scope of insurance abroad
The same insurance protection is offered by the dog owner liability insurance for cases of damage that occur abroad (worldwide) in (hotel) rooms, apartments (rental damage), houses or other accommodations. Damage to furniture, curtains or crockery (furnishings) is also insured.
Damages or claims for damages resulting from an intentional or unintentional mating act are covered by the legal liability and are included in all tariffs to the greatest possible extent. Partially differently the adhesion is interpreted with damage, if the dog causes a damage without leash or without muzzle (obligation obligations). Many insurances include these damages.
Unusual, but quite common, are trips with carts (for example sleds) including the occasional transport of guests. Whether claims are included for paid transportation should be coordinated with the insurance company, as dog owner liability insurance only includes coverage for non-commercial ownership.
Rented or borrowed property
Usually, damage to rented ( rental damage) or borrowed equipment is excluded from insurance coverage. Some liability insurance policies for dog owners include damage to a dog trailer, even if it is borrowed. The same applies to damage caused to passenger cars by the dog, even if these were rented or borrowed. Does not include leased vehicles (not a temporary or short-term rental or loan).
Insurance coverage at the dog school
Damage occurring during the visit of a dog school (towards the owner of the dog school or other visitors) is also included. If a damage arises thereby with a training with an illusory criminal (Figuranten called) at this, health or damages to property are replaced.
Somewhat tricky in interpretation are damages caused by animal excrements. Whether damage to a lawn can be sustained by a dog's activity remains debatable. However, if a person is directly affected, the dog owner liability insurance provides compensation (cleaning or even compensation for pain and suffering)
Rescue and transport costs
An accident on a public road or private property may require recovery by emergency services or rescue equipment. These consequential damages are included. This also includes transportation costs to the nearest or available hospital by land, sea or air.
Special use of the dog
Contrary to commercial liability, damages from occasional use of the dog as a therapy or visiting dog, rescue dog, search dog or in voluntary work with dog companions are included in the insurance coverage.
Temporary foreign accommodation and care by third parties
If the dog is temporarily left with third parties (e.g. during a vacation trip), damage is included during the time the dog is in the custody of these persons. Damage caused to third parties by the dog itself is also covered by the claim for damages.
Damage that occurs during short-term, private surrender for club purposes or for events under the guidance of third parties is also insured.
What should I consider before I take out dog owner liability insurance?
Important is the amount of coverage and insurance benefits especially related to third parties as occasional guardians of the dog.
A dog as a participant in road traffic can cause the same amounts of damage as anyone else. Particularly the conditions for otherwise applicable legal regulations (leash requirement, etc.).) and the intentional or grossly negligent violation can decide about the property and income not only of the policyholder and owner but also of third parties.
A deductible is generally not to be considered disadvantageous, because also, for example, in comprehensive insurance for vehicles such are included and the probability of damage or ~frequency is much higher.
What services are included in a dog owner liability insurance in the event of a claim?
Insured is the legal liability of the owner or the co-insured guardian, insofar as no commercial use is involved. The insurance pays compensation for damages incurred in money or compensates for costs incurred.
The dog owner liability insurance provides benefits in the event of damage to another's dog or person in the form of:
– The medical expenses incurred – Possible necessary remedies and aids – Prescribed medicines – The costs of operations and aftercare – An inpatient accommodation of the injured dog or person – Possible rehabilitation measures – Additional expenses of the dog owner s due to the doctor visits (travel expenses, compensation for the time spent in an injured and) – In case of death of the foreign dog or person the funeral expenses – Compensation for the loss or physical limitation of the injured dog
For personal injury are also considered insured benefits:
– Loss of salary – In the case of long-term damage, loss of income or losses – Decrease in value of damaged property (e.g. vehicles) – Costs of a necessary move, conversion of an apartment or house – Costs of disability-friendly conversion of vehicles – Compensation for pain and suffering – Financial losses due to loss of profits (lost profits, with restrictions) – In the case of self-employed persons, possible costs for a temporary or permanent substitute person for partial management of the business
Included are recourse claims, if persons are affected, which occur as a result of damage. This includes claims from
– Social insurance carriers (health insurance for example sick pay or treatment costs; pension insurance carriers for example costs of rehabilitation) – Social welfare carriers – Private health insurers (treated like statutory health insurers insofar as they are comprehensive health insurers; but also supplementary health insurers and their benefits) – Employers (continued salary payments, loss of profit or costs for representation)
The scope of benefits also extends abroad. The benefits are not differentiated in terms of their type, but according to their insurance period. Usually unlimited insurance cover and entitlement to benefits in Europe. Non-European stays with the dog should be coordinated in advance, at least in terms of time, if a longer stay is planned.
Deposit coverage as security deposit
If the policyholder or a co-insured person or a third party entitled to benefits is obliged to deposit a deposit abroad due to a case of damage in order to be able to return home or to secure the obligation to pay benefits in the case of liability, the dog owner liability insurance provides this as a deposit payment as a loan.
If the liability for damages is established, the policyholder or the insured person is obliged to reimburse the remaining difference to the insurance company after deduction of the benefits.
Bad debt coverage
A dog owner (policy holder) or a co-insured person may suffer damage themselves. If this case of damage occurs during the care or supervision of the dog and a third party is liable for it (person causing the damage), then the insured person is entitled to claim compensation if:
– The damage occurs during the validity of the insurance. Third parties must have the duty to supervise the dog for this purpose. A visit to the dog owner (policy holder), for example, would not be insured if a claim occurs during this time and the dog owner is present. – The third party's inability to pay or perform must be established. The enforcement of the claim is to be proven with the help of an unsuccessful execution or the failure if an unsuccessful collection is to be amed in advance (an affidavit was submitted by the third party within the last three years) – Another insurance would be liable to pay (in the case of third parties own private liability insurance with bad debt coverage)
The same obligations apply if the damage occurs abroad. The relevant legal action must have been taken in advance before a court in the country that is responsible for the claim for damages. Only after all legal possibilities have been exhausted, a claim against a person with permanent residence outside Germany can be asserted via the bad debt insurance.
Rates and providers presented:
Here are the most popular insurances for dogs:
Which benefits are not included in a dog owner liability insurance in the event of a claim?
Basically, benefits are excluded if the damage is due to intent or partial gross negligence. Partially excluded is also the deliberate deviation from legal or official regulations, even if these only apply to a limited extent or for a limited period of time.
Own damage is also excluded from the benefit (exception: loss of receivables insurance). This means that health damages caused by the own dog to the policy holder or to his property or assets are not reimbursed against payment.
Not covered, according to most terms and conditions, are benefits from damage caused by wear and tear or excessive use. This situation could be caused by an unsuitable collar. the tearing of the same. If insurance coverage for damages is included according to the conditions, where the dog is not on a leash, this passage probably does not play a role in this case.
The bad debt coverage does not cover damage to vehicles, trailers, real estate and property attributable to the professional activity (including business assets that have been ceded). Also excluded are usually:
– the costs of legal prosecution – interest on arrears – contractual penalties – claims arising from the contractual transfer of third parties – claims if they have been forfeited or based on legal remedies that were not filed or not filed in time (there was no timely appeal against a (re)action) – another insurer is in the obligation to perform. – A social insurance carrier (health insurance etc.) is under the obligation to perform and claims it as a subrogation claim
Excluded are benefits in the event of damage, if these are justified in a commercial or professional order of the policyholder or insured persons (guarding of an object or event with dog).
Also services, which are based on damages from agency business, are not insured (dog breeding). In most cases, a commercial operation is amed in the case of dog breeding.
Damage that could give rise to a claim for benefits but is due to embezzlement or misappropriation is excluded (for example, while participating in dog events as a private person).
Damages based on property rights or copyrights are excluded from insurance coverage. Such an event of damage could arise from the use of images or videos of events, the rights to which are in the hands of third parties.