We live in VA. A dog was "visiting" a neighbor who rents (and probably does not have insurance). The dog broke off its chain & jumped the fence into our yard (unprovoked). This is the dog's "first bite." The owner was found guilty of violating the leash law and not having a dog license. The judge told us to sue if the owner does not pay the bills. The vet bill was about $500 and we will ask the owner to pay the total amount (our dog will be ok). My husband's dr. bill was $190 + $40. The $190 is the part paid by insurance, and the $40 is the amount we paid for the deductible. I want to include the amount paid by our insurance, but my husband said we should only include the deductible. Does the law say anything about amounts paid by insurance in this instance?
You aren't generally entitled to double recover for anything and would owe your insurance company back for any bills they paid, potentially, if that was included. Settlement value depends in these cases on the injuries, scarring and damages.
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I agree with my colleague. You should speak with your insurance company as to how they would like the matter handled.
If we do not have a signed fee agreement I am not your attorney and this is not legal advice.
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