Insurance Policies and Dog Bites

After being bitten or attacked by a dog, you may have medical bills piling up, and you might even be out of work recovering, which means you are losing out on much-needed income to help you pay for your expenses.

Unfortunately, this is a common scenario for many people across Chicago as adults and children are frequently attacked or bitten by dogs that they thought were friendly, well-natured, and harmless. It is crucial to become informed about your options and how to get the necessary compensation to cover your injuries and other losses with the help of a dog bite lawyer.

Does homeowners’ or renters’ insurance cover dog bites?

The simple answer to this question is maybe. According to the Insurance Information Institute, “some insurance companies will not insure homeowners who own certain breeds of dogs categorized as dangerous.” Depending on what type of dog a person owns and whether the dog has acted violently in the past or has been considered “vicious,” insurance companies may choose to include or not to include them on the homeowners’ or renters’ insurance policy. In such cases, the insurance company knows that a dog that has acted violently or bitten someone in the past is more likely to do it again, which makes it a huge risk. Some insurance companies will allow aggressive dogs to still be on the homeowners’ or renters’ insurance policy, but they may expect a higher premium or require the dog to wear a muzzle or a similar device throughout the day.

The American Veterinary Medical Association (AVMA) states that about 4.5 million people suffer dog bite injuries in the United States each year, and Illinois is one of the top ten states with the most dog bite claims in 2023. Due to the high numbers of dog bites in Illinois and across the country, insurance companies have started backing away from including dog bites or animal attacks in homeowners’ or renters’ insurance. This is because more dog bites and attacks are occurring, resulting in insurance companies taking hits trying to cover the expenses associated with these claims.

There is a possibility that your dog bite or attack may be covered under homeowners’ or renters’ insurance. However, insurance companies often make things very complicated. Consulting with a Chicago dog bite injury lawyer immediately following the incident can help you negotiate with the insurer.

What is covered under homeowners’ or renters’ insurance when it comes to dog bites or animal attacks?

Under 510 ILCS 5/16, the owner of a dog or another animal is liable for the damages that a victim who is bitten or injured sustains. If you suffer injuries because of a dog attack, and the animal is covered under homeowners’ or renters’ insurance, you may be able to recover for your medical bills and legal fees. Policygenius explains that this can work in one of two ways, which include:

1. Medical payments coverage: This is part of a homeowners’ or renters’ insurance policy that covers minor medical expenses for less severe injuries from dog bites or attacks. Those who obtain compensation under this coverage typically receive between $1,000 and $5,000 for their medical-related expenses.
2. Personal liability component: This typically covers injuries that are considered the homeowner’s or renter’s responsibility. Since dog owners are liable for the injuries that their dogs cause, this liability coverage covers medical bills and legal fees. Most people receive this type of coverage for severe bite injuries, as insurance companies usually give between $100,000 and $500,000.

In 2022, over 17,000 dog bite claims were filed across the country. Illinois ranked seventh for the most dog bite claims per year. The average cost per claim in Illinois is around $67,238, and more than 700 claims are filed in this state each year.

How long do you have to file a dog bite claim with an insurance company in Chicago?

According to 735 ILCS 5/13-202, you have two years from the dog bite or attack to file a claim with an insurance company in Chicago. However, it is important to know that dog bites are considered personal injury accidents. Even if the dog’s owner does not have homeowners’ or renters’ insurance or their dog is not included under their insurance, you have two years from the incident to file a lawsuit and seek financial recovery for your losses.

A lawsuit allows you and your attorney to present your evidence and arguments to the judge. Then, after the judge hears both sides of the story, they will decide whether the dog owner is liable and how much compensation you need to pay for your expenses to get your life back on track.

What damages can I recover if I file a dog bite lawsuit?

If you file a dog bite lawsuit, you may be able to recover more damages than if you file an insurance claim. Here are a few examples of the damages included in a dog bite lawsuit:

• Medical bills
• Lost income
• Physical pain and discomfort
• Emotional distress
• Mental anguish
• Diminished quality of life
• Loss of enjoyment of activities
• Loss of earning capacity
• Scarring and disfigurement
• Embarrassment or humiliation
• Disability

What if the dog was provoked?

One of the most common defenses that the dog owner will likely use is that you provoked their dog somehow, which led to the bite or attack. If you hit the dog, struck it with a stick, took its food away, or were simply teasing it, this could be seen as provoking it. 510 ILCS 5/16 states that the owner is only liable if the bite or attack occurred “without provocation.” That means if it is found that you provoked the dog in any way, your lawsuit might not be successful and you may not receive any compensation.

The Chicago dog bite injury attorneys at Gainsberg Injury and Accident Lawyers have a proven track record of helping those who have been bitten or attacked by dogs and other animals. When you hire us, you will have a team of dedicated lawyers in your corner standing up for your rights and doing everything we can to help you secure fair compensation for your injuries. To get started, please call our office or submit our contact form today.

Meta: Injured in a dog bite attack? Insurance policies might cover the cost of your injury, but not all the time. Call us in Chicago to schedule a free consultation today.