You have to prove vicious propensities. It may be easier to prove considering the dog involved was a pitbull. This excerpt from New York Jurisprudence, Second Edition may prove helpful to you:
"While some courts have suggested that the vicious propensities of certain animals are so well-known as to be almost a subject of judicial notice, there is no authority for the proposition that judicial notice may be taken as to the ferocity of any particular type of domestic animal or pet. [See Sorel...
Yes, they can still sue you and the owner of the vehicle you were driving. However, they may encounter some evidentiary issues with respect to the exact extent of the damage, especially if no police report was filed and no photographs were taken at the time of the collision. Your insurance company likely has a duty to defend you once you file a claim.
If you have additional questions, you can always contact a lawyer, whether myself or one of my colleagues. If you appreciate the time spent...
You owe it to yourself to contact a lawyer, whether myself or one of my colleagues. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Also, please be sure to read my disclaimer below. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632