How to Respond to a Dog Bite or Animal Attack Demand Letter

Defense Strategy Guide for Dog Owners and Property Owners

✍️ Need to Send a Dog Bite Demand Letter? If you were injured by someone else's dog and need to write a demand letter, see my guide on How to Write Dog Bite Demand Letters →

What to Do in the First 72 Hours After Receiving a Dog Bite Demand Letter

Receiving a dog bite demand letter can be stressful and overwhelming, especially if you were not expecting it or believe the claim is unfounded. How you respond in the first 72 hours can significantly impact the outcome of the case. Acting quickly and strategically will protect your rights, preserve evidence, and position you for the best possible resolution.

Critical Warning: Do NOT contact the injured person directly. Do NOT discuss the incident with anyone other than your insurance carrier and attorney. Do NOT post about the incident on social media. Any statements you make can be used against you in litigation.

Your immediate action checklist:

Read the Entire Demand Letter: Read the letter carefully, noting the claimant's name, the date of the alleged incident, the injuries claimed, and the settlement demand amount. Check whether the letter includes a response deadline (typically 30 days).
Do NOT Respond Directly to the Claimant or Their Attorney: Any statement you make—written or verbal—can be used against you. Do not call the attorney, do not write back, and do not try to "explain your side." Let your insurance carrier and attorney handle all communication.
Notify Your Homeowners or Renters Insurance Immediately: Call your insurance carrier's claims hotline immediately—ideally within 24 hours. Most policies require prompt notice of claims and may deny coverage if you delay. Provide them with a copy of the demand letter.
Preserve All Evidence: Do not delete photos, videos, text messages, emails, or any other evidence related to the incident. If you have photos of the dog, the property, or the claimant's condition immediately after the incident, save them. If there are witnesses, write down their names and contact information.
Document Your Recollection of the Incident: Write down everything you remember about the incident while it is still fresh: date, time, location, what happened, who was present, what the claimant was doing before the bite, what you said and did, and any other relevant details. This will be critical for your defense.
Secure the Scene: If the incident occurred on your property, take photos and videos of the area where it happened. Document fence conditions, signage ("Beware of Dog"), gates, leashes, and anything else that might be relevant to the claim.

Timeline Tip: Most demand letters give you 30 days to respond, but your insurance carrier will need time to investigate. Contact them immediately so they can assign an adjuster and begin their investigation. Waiting until the last minute can limit your defense options.

Common Mistakes to Avoid in the First 72 Hours

Many dog owners make critical errors in the first few days after receiving a demand letter that undermine their defense and increase their exposure. Here are the most common mistakes and how to avoid them:

Mistake #1: Trying to Negotiate Directly

Why it's bad: Anything you say can be used against you. Offers of payment can be interpreted as admissions of liability.

What to do instead: Refer all communication to your insurance carrier. Never discuss settlement or liability with the claimant or their attorney.

Mistake #2: Deleting Evidence

Why it's bad: Spoliation (destruction of evidence) can result in sanctions, adverse inferences, or even punitive damages.

What to do instead: Preserve all photos, videos, texts, emails, and documents. Even if you think they hurt your case, do not delete them. Your attorney can determine what is relevant.

Mistake #3: Posting on Social Media

Why it's bad: Claimants' attorneys regularly search social media for posts about the incident, the dog, or your state of mind. Even seemingly innocent posts can be misconstrued.

What to do instead: Stop posting about the dog, the incident, or anything related to the claim. Set your social media accounts to private and avoid discussing the case online.

Mistake #4: Failing to Notify Insurance

Why it's bad: Most homeowners and renters policies require prompt notice of claims. If you wait too long, the carrier may deny coverage, leaving you personally liable for the entire claim.

What to do instead: Call your insurance carrier within 24-48 hours of receiving the demand letter. Provide them with a copy of the letter and all relevant information.

Insurance Cooperation Clause: Your policy requires you to cooperate with the carrier's investigation. This means responding to their requests for information, providing documents, and participating in interviews. Failure to cooperate can result in denial of coverage.

Immediate Evidence Preservation Checklist

Evidence is often lost or destroyed in the days and weeks following an incident. To protect your defense, take immediate steps to preserve all relevant evidence. Use this checklist to ensure nothing is overlooked:

Photos of the dog (showing breed, size, demeanor)
Photos of your property (fencing, gates, signage, area where incident occurred)
Photos of the claimant's injuries (if you took any immediately after the incident)
Video surveillance footage (home security cameras, Ring doorbell, neighbor cameras)
Animal control reports (if they responded to the incident)
Vet records for your dog (vaccination history, behavioral assessments)
Witness names and contact information (neighbors, visitors, delivery drivers)
Text messages, emails, or other communications with the claimant before or after the incident
Social media posts by the claimant (screenshots before they are deleted)
Leash, collar, or containment system used at the time of the incident
Your own written account of the incident (date, time, what happened, who was present)
Weather conditions, lighting, and other environmental factors at the time

Pro Tip: Create a dedicated folder (physical or digital) for all evidence related to the claim. Label it with the claimant's name and the date of the incident. This will make it easy to share with your insurance adjuster and attorney.

Notifying Your Insurance Carrier: What You Need to Know

Your homeowners or renters insurance policy is your first line of defense in a dog bite claim. Most policies include liability coverage that will pay for the claimant's damages and provide you with a defense attorney if a lawsuit is filed. However, to trigger this coverage, you must notify the carrier promptly and follow their procedures.

Critical Deadline: Most policies require "prompt" or "immediate" notice of claims or potential claims. Some policies specify a deadline (e.g., "within 30 days"). Failure to notify within the required time can result in denial of coverage, leaving you personally liable for the entire claim.

How to notify your insurance carrier:

Call the Claims Hotline: Most carriers have a 24/7 claims hotline. Call immediately and explain that you have received a demand letter related to a dog bite incident. Provide the representative with the date of the incident, the claimant's name, and the settlement demand amount.
Follow Up in Writing: After your phone call, send a written notice (email or certified mail) to the carrier with a copy of the demand letter attached. Include a brief summary of the incident and any evidence you have gathered.
Cooperate with the Investigation: The carrier will assign an adjuster who will contact you for a recorded statement, request documents, and may inspect your property. You must cooperate fully or risk denial of coverage.
Keep Records: Document all communication with your carrier, including dates, times, names of representatives, and what was discussed. If the carrier denies coverage or delays unreasonably, this documentation will be critical.

What Your Carrier Will Do: Once notified, your carrier will open a claim file, assign an adjuster, investigate the incident, analyze liability and damages, and either settle the claim or deny coverage. If a lawsuit is filed, the carrier will provide you with a defense attorney at no cost to you (up to policy limits).

Understanding Your Insurance Coverage for Dog Bites

Homeowners and renters insurance policies typically include liability coverage for injuries caused by your dog, but there are important exclusions and limitations you need to understand. Here's what to look for in your policy:

Coverage Type	What It Covers	Typical Limits
Liability Coverage (Coverage E)	Bodily injury and property damage caused by you or members of your household, including injuries caused by your pets.	$100,000 - $500,000
Medical Payments (Coverage F)	Immediate medical expenses for injured persons, regardless of fault. Paid without admission of liability.	$1,000 - $5,000
Defense Costs	Attorney's fees, expert fees, court costs to defend you in a lawsuit. Typically covered in addition to policy limits.	Unlimited (in addition to limits)
Settlement Payments	Payments to settle the claim without going to trial. Paid up to policy limits.	Up to liability limit

Breed Exclusions: Some carriers exclude coverage for specific breeds (pit bulls, Rottweilers, Dobermans, German Shepherds, etc.). Check your policy's exclusions section. If your dog's breed is excluded, you may have no coverage for this claim.

Common exclusions that may deny coverage:

Excluded breeds: Policy lists specific breeds that are not covered
Prior bites: Dog has bitten someone before, and you failed to disclose this when obtaining the policy
Intentional acts: You intentionally commanded the dog to attack
Business activity: Dog was being used for a business (guard dog, breeding operation)
Late notice: You failed to notify the carrier within the required time

If Coverage Is Denied: If your carrier denies coverage, consult with a coverage attorney immediately. Carriers sometimes wrongly deny claims, and you may be able to challenge the denial. Do not simply accept the denial without seeking legal advice.

What to Expect During the Insurance Investigation

Once you notify your carrier, they will assign a claims adjuster to investigate the incident. The adjuster's job is to determine whether the policy covers the claim, whether you are liable, and if so, what the claim is worth. Here's what to expect:

Recorded Statement

The adjuster will ask you to provide a recorded statement describing the incident. Be honest and accurate, but do not speculate or volunteer information not asked. If you are unsure about something, say so.

Document Requests

The adjuster will request photos, videos, vet records, animal control reports, and any other evidence related to the incident. Provide these promptly to avoid delays.

Property Inspection

The adjuster may visit your property to inspect fencing, gates, signage, and the area where the incident occurred. Cooperate with this inspection.

Witness Interviews

The adjuster may contact witnesses to get their version of events. If you have favorable witnesses, provide their contact information to the adjuster.

Tips for your recorded statement:

Be truthful—lying can result in denial of coverage and criminal penalties
Be concise—answer the question asked, then stop talking
Do not speculate—if you don't know or don't remember, say so
Do not admit fault—describe what happened factually without assigning blame
Do not minimize the claimant's injuries—the adjuster will obtain medical records independently

Your Rights During the Investigation: You have the right to review the adjuster's notes and any statements you gave. If the adjuster is not responsive or is treating you unfairly, you can escalate to a supervisor or file a complaint with your state's insurance department.

Analyzing Liability: Do You Have a Defense?

Whether you are liable for the claimant's injuries depends on your state's dog bite laws, the circumstances of the incident, and the claimant's conduct. Understanding the legal framework and potential defenses is critical to evaluating the claim and determining your response strategy.

Two Legal Standards: Dog bite liability is governed by either (1) strict liability statutes, which hold owners liable regardless of fault, or (2) common law negligence/one-bite rule, which requires proof that the owner knew or should have known the dog was dangerous. Your state's law determines which standard applies.

Key questions to assess your liability:

Was the claimant lawfully on your property or in a public place, or were they trespassing?
Did the claimant provoke the dog in any way (hitting, kicking, teasing, cornering)?
Was the dog leashed, fenced, or otherwise restrained as required by local ordinances?
Did you have prior knowledge that your dog was aggressive or had bitten before?
Does your state impose strict liability or require proof of negligence?
Was the claimant engaged in any conduct that contributed to the incident (ignoring warnings, entering a restricted area)?

Common Defenses to Dog Bite Claims

Even in strict liability states, several defenses can reduce or eliminate your liability. If your state follows common law negligence principles, these defenses are even more powerful. Here are the most common defenses and when they apply:

Defense	Description	When It Applies
Trespass	The claimant was on your property without permission or in an area where they were not invited.	Claimant jumped a fence, ignored "No Trespassing" signs, or entered property after being told to leave. In strict liability states, this is often a complete defense.
Provocation	The claimant intentionally or recklessly provoked the dog, causing it to bite.	Claimant hit, kicked, teased, cornered, or disturbed the dog while eating or sleeping. Can be a complete defense or reduce recovery under comparative fault.
Assumption of Risk	The claimant voluntarily assumed the risk of being bitten (e.g., veterinarian, groomer, dog trainer).	Claimant was a professional working with the dog. Often a complete defense unless the owner concealed a known dangerous propensity.
Comparative / Contributory Negligence	The claimant's own negligence contributed to the incident.	Claimant ignored "Beware of Dog" sign, failed to supervise child, or approached dog despite warnings. In comparative negligence states, reduces recovery in proportion to fault.
No Ownership or Control	You did not own, harbor, or control the dog at the time of the incident.	The dog belonged to someone else, you were dog-sitting temporarily, or you had no control over the dog. May shift liability to the actual owner.

Strategic Note: If you have a strong defense (e.g., clear trespass, obvious provocation), your insurance carrier may reject the demand entirely or offer a nominal settlement. However, if the facts are disputed, your carrier may settle to avoid the cost and risk of litigation.

State-Specific Liability Rules: Strict Liability vs. One-Bite Rule

Your potential liability depends heavily on your state's dog bite laws. Approximately 30 states have strict liability statutes, while the remaining states follow common law "one-bite rule" principles. The difference is significant:

Strict Liability States

Examples: California, Florida, Michigan, New Jersey, Illinois, Ohio

Standard: Owner is liable for any bite regardless of prior knowledge of the dog's dangerous propensity. No need to prove negligence.

Defense Strategy: Focus on trespass, provocation, and comparative fault. Challenge whether a "bite" occurred (vs. scratch or knock-down).

One-Bite Rule States

Examples: Texas, Virginia, Maryland, New York (mixed), Georgia

Standard: Owner is liable only if they knew or should have known the dog had dangerous propensities (prior bites, aggressive behavior, breed reputation).

Defense Strategy: Emphasize lack of prior knowledge, no prior incidents, and the dog's generally friendly temperament. Argue the claimant cannot prove you knew the dog was dangerous.

Research Your State Law: The first step in evaluating your liability is understanding your state's dog bite statute or common law standard. Your insurance adjuster should be familiar with local law, but you can also consult with a local attorney if the adjuster's analysis seems incorrect.

Evaluating the Claimant's Version of Events

The demand letter will present the claimant's version of the incident, which may differ significantly from your recollection. Carefully compare the claimant's account with your own notes, witness statements, and any objective evidence (photos, videos, animal control reports). Look for inconsistencies or exaggerations that undermine the claimant's credibility.

Red flags that may indicate a weak or exaggerated claim:

Claimant's account contradicts witness statements or physical evidence
Claimant claims not to have provoked the dog, but witnesses saw them teasing or hitting the dog
Claimant was trespassing or in an area where they were not invited
Claimant delayed seeking medical treatment (suggests injury is not as severe as claimed)
Claimant's medical records do not support the severity of injury described in the demand letter
Claimant's social media posts show them engaging in activities inconsistent with claimed injuries
Claimant has a history of prior injury claims or lawsuits

Investigation Tip: If the claimant's version of events does not match yours, ask your insurance adjuster to conduct a thorough investigation, including interviewing all witnesses and obtaining surveillance footage. Do not assume the adjuster will do this automatically—be proactive in identifying favorable evidence.

Critical Evidence to Preserve and Gather

The strength of your defense depends on the quality and quantity of evidence you can present to support your version of events and challenge the claimant's allegations. The sooner you gather and preserve evidence, the better your chances of a favorable outcome.

Categories of evidence you should collect:

Scene Evidence: Photos and videos of the location where the incident occurred, including fencing, gates, signage ("Beware of Dog"), lighting, and any obstacles or hazards. This evidence can support defenses like trespass, contributory negligence, or compliance with local ordinances.
Dog Evidence: Photos and videos of your dog showing its size, breed, and demeanor. Vet records documenting vaccinations, health, and any behavioral assessments. Training records if the dog has completed obedience classes. This evidence can rebut claims that the dog is inherently dangerous.
Witness Evidence: Names, contact information, and written or recorded statements from anyone who witnessed the incident or has knowledge of your dog's temperament. Witnesses who can testify that the claimant provoked the dog or was trespassing are particularly valuable.
Documentary Evidence: Text messages, emails, or other communications with the claimant before or after the incident. Animal control reports (if they responded). Your own contemporaneous notes about what happened. Any warnings you gave to the claimant about the dog.
Surveillance Evidence: Video from home security cameras, Ring doorbells, or neighbor cameras showing the incident or the claimant's conduct before or after. This is often the most powerful evidence because it is objective and difficult to dispute.
Social Media Evidence: Screenshots of the claimant's social media posts before and after the incident. Posts showing the claimant engaging in physical activities inconsistent with claimed injuries, or posts admitting provocation or trespassing, can be critical to your defense.

Spoliation Warning: Do NOT delete, alter, or destroy any evidence—even if you think it hurts your case. Spoliation (destruction of evidence) can result in sanctions, adverse inferences (the jury will be told to assume the evidence was unfavorable to you), or even criminal penalties. When in doubt, preserve everything and let your attorney decide what is relevant.

Evidence That Supports Common Defenses

Different defenses require different types of evidence. Here's what to look for based on your potential defenses:

Defense	Supporting Evidence
Trespass	Photos of "No Trespassing" signs, locked gates, fences. Witness statements that claimant was not invited. Video showing claimant entering property without permission. Text or email showing you told claimant not to come over.
Provocation	Witness statements describing claimant hitting, kicking, teasing, or cornering the dog. Video showing provocation. Your contemporaneous notes describing what the claimant did before the bite. Animal control report noting provocation.
Assumption of Risk	Service agreement or invoice showing claimant was hired as groomer, vet, or trainer. Photos of claimant working with the dog. Claimant's professional license or business cards. Evidence that claimant was warned of dog's behavior.
Comparative Negligence	Photos of "Beware of Dog" signs claimant ignored. Witness statements that claimant was warned about the dog. Text or email warnings. Video showing claimant approaching dog against your instructions.
No Bite Occurred	Medical records showing no puncture wounds or teeth marks (only scratches or bruising). Photos of claimant's injuries showing no bite. Animal control report concluding no bite occurred. Vet records showing dog's teeth could not have caused the injury pattern.

Burden of Proof: In strict liability states, you bear the burden of proving defenses like trespass or provocation. In one-bite states, the claimant bears the burden of proving you knew the dog was dangerous. Understanding where the burden of proof lies will guide your evidence-gathering strategy.

Documenting Your Dog's Temperament and History

One of the most effective ways to counter claims that your dog is dangerous or that you should have known it would bite is to present evidence of the dog's friendly, non-aggressive temperament. Even in strict liability states, evidence of the dog's good character can influence settlement negotiations and jury perceptions.

Vet records showing the dog has no history of aggression or behavioral problems
Training certificates (obedience classes, Canine Good Citizen certification)
Statements from neighbors, friends, and visitors describing the dog as friendly
Photos and videos of the dog interacting peacefully with people and other animals
Evidence that the dog has been around children, elderly, or other vulnerable individuals without incident
Records showing no prior complaints, bites, or animal control incidents involving the dog

Presenting the Dog's Character: In negotiations or at trial, presenting your dog as a well-behaved family pet with no history of aggression can be powerful. It undermines the narrative that the dog is inherently dangerous and suggests that the claimant's conduct (provocation, trespass) was the true cause of the incident.

Investigating the Claimant's Background and Social Media

In some cases, investigating the claimant's background and social media activity can reveal evidence that undermines their claim or supports your defenses. While you should not harass or contact the claimant directly, there is nothing improper about reviewing publicly available information.

What to look for:

Social media posts: Photos or videos showing the claimant engaging in physical activities inconsistent with claimed injuries (e.g., hiking, playing sports, lifting heavy objects). Posts admitting or joking about provocation, trespassing, or exaggerating injuries.
Prior claims history: Public records showing the claimant has filed multiple injury claims or lawsuits in the past. While this does not prove the current claim is false, it may suggest a pattern of opportunistic litigation.
Criminal history: Public records showing the claimant has been convicted of trespass, theft, or other crimes that undermine their credibility.
Contradictory statements: Comparing the claimant's account in the demand letter with statements they made to animal control, police, or on social media. Inconsistencies can be powerful impeachment evidence.

Legal and Ethical Boundaries: You may review publicly available information (social media posts, court records, news articles), but do NOT attempt to access private accounts, impersonate someone else, or contact the claimant directly. If you want to conduct a more thorough investigation, hire a licensed private investigator or ask your attorney to do so.

Developing Your Response Strategy

Once you have notified your insurance carrier, preserved evidence, and analyzed liability, the next step is to develop a response strategy. In most cases, your carrier will handle the response on your behalf, but it is important to understand the options and provide input where appropriate.

Four response options:

Accept Liability and Negotiate Settlement: If liability is clear and you have no viable defenses, your carrier will likely negotiate a settlement within policy limits. You should cooperate with this process and provide input on damages valuation.
Deny Liability and Reject the Demand: If you have strong defenses (e.g., trespass, provocation) and the claimant's evidence is weak, your carrier may reject the demand entirely and force the claimant to file a lawsuit. This is a higher-risk strategy but may result in the claim being abandoned.
Make a Counteroffer: If liability is disputed or the demand is excessive, your carrier may make a counteroffer significantly below the demand amount. This opens negotiations and may lead to a compromise settlement.
Tender Policy Limits: If the claimant's injuries are severe and clearly exceed your policy limits, your carrier may offer the full policy limit to settle the claim quickly and avoid a bad faith lawsuit. This is most common when the claimant is a child with permanent scarring or disfigurement.

Your Role in Settlement Negotiations: While your insurance carrier controls the defense and settlement decisions, you have the right to provide input and object if you believe the carrier is not adequately defending you. If your policy limits are at risk or the carrier wants to settle a claim you believe should be defended, consult with your own attorney.

When to Settle vs. When to Fight

Deciding whether to settle or fight a dog bite claim depends on the strength of your defenses, the severity of the claimant's injuries, and the cost and risk of litigation. Here are the key factors to consider:

Factor	Settle	Fight
Liability	You live in a strict liability state, claimant was lawfully present, no provocation or other defenses.	Strong evidence of trespass, provocation, or other complete defense. Claimant's version of events is contradicted by witnesses or video.
Injuries	Claimant has severe, permanent injuries (facial scarring, disfigurement) with high medical bills. Demand is within or below policy limits.	Claimant's injuries are minor or not well-documented. Demand is grossly excessive compared to actual damages. Evidence suggests claimant is exaggerating.
Cost of Defense	Defense costs (attorney's fees, expert fees) are likely to exceed the settlement value. Carrier wants to settle quickly to minimize expense.	Defense costs are reasonable compared to the demand, or your policy covers defense costs in addition to limits. You want to avoid setting a precedent or admitting fault.
Risk of Excess Judgment	If the case goes to trial and you lose, the judgment is likely to exceed your policy limits, exposing your personal assets.	Even if you lose at trial, the judgment is unlikely to exceed policy limits. You have limited personal assets at risk.

Consult with Your Carrier: Your insurance adjuster has experience evaluating dog bite claims and can provide guidance on whether settlement or litigation is the better strategy. However, the adjuster's interests may not perfectly align with yours—especially if your policy limits are at risk. In such cases, consult with your own attorney.

Responding to Excessive or Unreasonable Demands

Some demand letters include settlement amounts that are grossly excessive compared to the actual injuries and damages. If the demand is unreasonable, your carrier will likely reject it or make a much lower counteroffer. Here's how to respond:

Challenge the Damages Calculation

Request copies of all medical records and bills. Verify that the charges are reasonable and related to the dog bite (not pre-existing conditions). Challenge inflated pain and suffering multipliers.

Obtain Independent Medical Evaluation

If the claimant alleges permanent scarring or disability, your carrier may arrange for an independent medical examination (IME) by a neutral physician to assess the true extent of the injury.

Point Out Weaknesses in Liability

If you have defenses (trespass, provocation), emphasize these in your response. Explain that even if some liability exists, comparative fault will reduce the recovery significantly.

Make a Low Counteroffer

Respond with a counteroffer that reflects what you believe the case is actually worth based on the medical evidence and local settlement trends. This signals that you are willing to negotiate but will not overpay.

Beware of Bad Faith Exposure: If the claimant's injuries clearly exceed your policy limits and your carrier rejects a reasonable settlement demand within limits, you could be exposed to a bad faith claim. In such cases, the carrier may be liable for the entire judgment—even if it exceeds policy limits. This is why carriers sometimes settle even questionable claims to avoid bad faith exposure.

Protecting Yourself from Personal Liability

If the claimant's damages exceed your policy limits, you could be personally liable for the excess. This is a serious concern if the claimant has catastrophic injuries (permanent disfigurement, disability) and your policy limits are low ($100,000 or less). Here's how to protect yourself:

Confirm your policy limits and whether you have umbrella coverage
If the demand exceeds your policy limits, insist that your carrier offer the full policy limit immediately to settle the claim
Consult with your own attorney (separate from the carrier's defense attorney) to assess your personal exposure
Document all communications with your carrier regarding settlement offers and strategy
If the carrier refuses to settle within limits despite a clear excess exposure, send a written demand that they do so (this creates a bad faith record)
Consider whether you have other assets or income that could be reached by a judgment (home equity, retirement accounts, wages)

Personal Assets at Risk: If a judgment exceeds your policy limits, the claimant can pursue your personal assets through wage garnishment, liens on property, and bank account levies. If you are facing this risk, consult with an attorney immediately to explore options like settlement contributions, asset protection, or bankruptcy.

When You Need Your Own Attorney

In most dog bite cases, your insurance carrier will provide a defense attorney at no cost to you, and you do not need to hire your own counsel. However, there are situations where your interests diverge from the carrier's, and you should consult with your own attorney to protect your rights.

Important: The attorney provided by your insurance carrier represents both you and the carrier. While they have a duty to defend you, their primary obligation is to the carrier. If a conflict arises between your interests and the carrier's, you may need independent counsel.

Situations where you should hire your own attorney:

Your carrier denies coverage or reserves the right to deny coverage later
The claimant's damages clearly exceed your policy limits and the carrier is not offering the full policy limit to settle
You believe the carrier is not adequately defending you or is prioritizing its own interests over yours
The carrier wants to settle a claim that you believe should be defended vigorously
The claimant is pursuing a claim for punitive damages (which may not be covered by insurance)
You are facing potential personal liability in excess of your policy limits
The carrier's defense attorney has a conflict of interest (e.g., representing both you and another defendant with adverse interests)
You want to pursue a counterclaim or cross-claim against another party

Independent Counsel Rights: In some states, if a conflict of interest exists between you and your carrier, you have the right to "independent counsel" (also called "Cumis counsel") paid for by the carrier but selected by you. This ensures that your defense attorney's loyalty is to you alone.

Coverage Disputes: When Your Carrier Denies or Reserves Coverage

If your carrier denies coverage or issues a "reservation of rights" letter stating that it may deny coverage later, you need to take immediate action to protect yourself. A coverage denial means the carrier will not pay for your defense or any settlement/judgment, leaving you personally liable for the entire claim.

Common reasons carriers deny coverage for dog bite claims:

Your dog's breed is excluded under the policy
You failed to disclose prior bites or incidents when applying for the policy
You did not notify the carrier promptly after the incident
The incident falls outside the policy period
The policy excludes intentional acts and the carrier claims you commanded the dog to attack
The dog was being used for a business purpose (guard dog, breeding)

Act Immediately: If your carrier denies coverage or issues a reservation of rights, consult with a coverage attorney within 7-10 days. You may be able to challenge the denial and force the carrier to defend you. Do not ignore a denial letter—it will not go away on its own.

What a "reservation of rights" means:

A reservation of rights letter means the carrier will provide a defense for now, but reserves the right to deny coverage later if certain facts are established. For example, the carrier might say: "We will defend you, but if it is proven that your dog's breed is on our excluded list, we reserve the right to withdraw coverage."

If you receive a reservation of rights letter, you should:

Consult with a coverage attorney to assess whether the reservation is valid
Consider whether you need independent counsel (since the carrier's attorney may have divided loyalties)
Document all communications with the carrier regarding the coverage issue
Pursue settlement within policy limits if possible to avoid a coverage fight later

Excess Judgment and Bad Faith: Protecting Your Personal Assets

If the claimant's injuries are catastrophic and your policy limits are insufficient, you face the risk of an "excess judgment"—a court judgment that exceeds your insurance coverage. If this happens, the claimant can pursue your personal assets (home, bank accounts, wages) to satisfy the judgment.

How to minimize excess judgment risk:

Demand That Your Carrier Settle Within Limits: If the claimant offers to settle for your policy limits and the injuries clearly exceed that amount, demand in writing that your carrier accept the offer. If the carrier refuses and an excess judgment results, the carrier may be liable for bad faith.
Document Your Carrier's Conduct: Keep detailed records of all communications with your carrier regarding settlement offers, strategy, and your personal exposure. If the carrier acts unreasonably, this documentation will support a bad faith claim.
Hire Independent Counsel: If an excess judgment is likely, hire your own attorney to monitor the carrier's conduct and protect your interests. Your attorney can also negotiate with the claimant on your behalf to resolve the excess exposure.
Contribute to Settlement: In some cases, you may be able to negotiate a settlement by contributing your own funds (in addition to policy limits) to resolve the claim. While this is not ideal, it may be preferable to an excess judgment and years of wage garnishment.
Consider Asset Protection Strategies: If an excess judgment is imminent, consult with an asset protection attorney about strategies to protect your home, retirement accounts, and other assets. Note that fraudulent transfers to avoid creditors can result in criminal penalties, so this must be done carefully and ethically.

Bad Faith Leverage: If your carrier refuses to settle within policy limits despite a clear excess exposure, you may have a bad faith claim against the carrier. This can provide leverage to force the carrier to pay the excess or to negotiate a favorable settlement. Consult with a bad faith attorney if you are in this situation.

Need Help Responding to a Dog Bite Demand Letter?

If you've received a dog bite demand letter and need guidance on your response strategy, insurance coverage issues, or defense options, I can help. I represent dog owners and property owners in evaluating liability, negotiating with claimants and insurers, and defending against excessive or unfounded claims.

Email: owner@terms.law

Frequently Asked Questions: Responding to Dog Bite Demands

No. Once the claimant has hired an attorney, you should not contact them directly. Any communication should go through your insurance carrier. Direct contact can lead to admissions of liability, statements that are taken out of context, or even claims of harassment or intimidation.

If you do not respond (or have your insurance carrier respond), the claimant will likely file a lawsuit. This will result in higher defense costs, more stress, and potentially a higher settlement or judgment. It is always better to respond through your carrier and attempt to resolve the matter pre-litigation.

Yes. Most homeowners and renters insurance policies give the carrier the right to settle claims within policy limits without your consent. However, if the settlement would expose you to personal liability (e.g., an excess judgment or admission of wrongdoing that affects you personally), you should consult with your own attorney before agreeing.

If your policy excludes your dog's breed, your carrier will likely deny coverage, leaving you personally liable for the claim. However, exclusions are sometimes ambiguous or improperly applied. Consult with a coverage attorney to determine whether you can challenge the exclusion. If not, you will need to defend the claim at your own expense or negotiate a settlement directly with the claimant.

Pre-litigation settlements typically take 2-6 months from the date the demand letter is received. If the claim proceeds to litigation, it can take 12-24 months or longer to reach a resolution through settlement, mediation, or trial. The timeline depends on the complexity of the case, the severity of injuries, and the parties' willingness to negotiate.

Possibly. Many carriers will raise premiums or cancel your policy after a dog bite claim, especially if the payout is significant or your dog is a high-risk breed. In some cases, the carrier may require you to remove the dog from your property or obtain a separate dog liability policy. This is another reason to carefully evaluate whether to settle or fight the claim.