What you need to do before filing a claim

A dog bite claim is a request for money from the dog owner's insurance company or from the owner directly. Before you file, you need three things: documentation of the bite itself, proof of your medical treatment, and the dog owner's contact and insurance information. Without these, an insurance company will not process your claim, and you will have no way to prove your damages.

Start by getting a police report or animal control report. Call your local animal control office or police non-emergency line and report the bite. Give them the date, time, location, and the dog owner's address if you know it. Ask for a report number. This creates an official record that the bite happened and is often required by insurance companies before they will even look at your claim.

Next, gather your medical records. Get copies of the emergency room visit, urgent care visit, or doctor's office visit where you were treated. Request the full medical record, not just a bill. Include any follow-up visits, prescriptions for antibiotics or tetanus shots, and notes about the wound itself. If you did not seek treatment when ready, go to a doctor now and explain what happened. A medical record created after the fact is weaker than one from the day of the bite, but it is still necessary.

Key Takeaways

  • You must have a police or animal control report, medical records from treatment, and the dog owner's insurance information before an insurance company will consider your claim.
  • Most dog bite claims go through the homeowner's or renter's insurance policy of the dog owner, not through a separate pet liability policy.
  • You can file a claim yourself by contacting the insurance company directly, or you can hire a lawyer to file on your behalf.
  • Insurance companies have time limits to respond to claims, usually 30 days to acknowledge receipt and 90 days to make a decision, though these vary by state.
  • If the insurance company denies your claim or offers too little money, you can file a small claims lawsuit or hire a lawyer to pursue the case in court.

Finding the dog owner's insurance information

The dog owner's homeowner's or renter's insurance policy is where the money comes from in most cases. You need the owner's name, address, phone number, and the name of their insurance company. If you do not know who owns the dog, ask the animal control officer who took the report—they will have this information on file.

Call the dog owner and ask for their insurance company name and policy number. Many owners will give you this information willingly because they know their insurance will handle it. If the owner refuses or is hostile, you can still file a claim by providing the animal control report and what information you do have. The insurance company can often locate the policy through the owner's address.

If the dog owner does not have homeowner's or renter's insurance, or if they refuse to provide it, you have other options. You can file a small claims lawsuit against the owner directly, or you can hire a lawyer to pursue the case. Some lawyers work on contingency, meaning they take a percentage of what you recover instead of charging you upfront.

Filing a claim directly with the insurance company

Call the insurance company's claims line and tell them you are filing a dog bite claim. Have your police report number, the dog owner's policy number if you have it, and your medical records ready. The claims adjuster will ask you to describe what happened, where it happened, and what injuries you sustained. Be factual and specific about the bite itself—where on your body, how deep, whether the skin was broken, and whether you needed stitches.

The insurance company will ask you to submit your documentation in writing. Send copies (never originals) of the police report, your medical records, and any photos of the wound if you took them. Include a letter explaining what happened, when it happened, and what treatment you received. Keep a copy of everything you send and note the date you sent it.

The insurance company has a legal important date to respond. In most states, they must acknowledge receipt of your claim within 30 days and make a decision within 90 days, though some states allow longer. Ask the claims adjuster for the specific timeline that applies in your state. If they miss the important date, that does not automatically mean you win, but it does mean you can file a complaint with your state's insurance commissioner.

What happens if the insurance company denies your claim

An insurance company may deny your claim for several reasons: they say the dog owner's policy does not cover dog bites, they say you were partly at fault for the bite, they say your injuries were not serious enough to warrant payment, or they say you did not file within the time limit allowed by law. Each of these has a different response.

If they deny the claim, ask them in writing why. Their denial letter should explain the reason. If the reason is that you filed too late, check your state's statute of limitations for dog bite claims—this is the important date for filing a lawsuit. In most states, you have two to three years from the date of the bite, but this varies. If you are still within that window, you can pursue the claim another way.

If the denial is based on the policy itself or on a dispute about what happened, you can file a complaint with your state's insurance commissioner. This is a free process. You can also hire a lawyer to send a demand letter to the insurance company or to file a lawsuit. Many lawyers will take a dog bite case on contingency because the damages are often straightforward to prove.

Small claims court as an alternative to insurance

If the insurance company denies your claim and you want to pursue it further, small claims court is an option if your damages are below your state's small claims limit. Most states allow claims up to $5,000 to $10,000 in small claims court, though this varies. Check your state's court website for the exact limit.

Small claims court is simpler and faster than regular court. You do not need a lawyer, though you can hire one if you want. You file a form with the court, pay a filing fee (usually $50 to $200), and the court schedules a hearing. You bring your police report, medical records, and any photos or receipts for expenses related to the bite. The judge decides whether the dog owner is liable and how much you should receive.

If your damages exceed the small claims limit, or if you want a lawyer to handle the case, you can file a regular lawsuit. Many dog bite lawyers work on contingency and will take the case for free upfront, taking a percentage of what you recover instead. This is worth considering if your medical bills are high or if you have ongoing treatment or scarring.

Calculating what to ask for

Your claim should cover your actual expenses and losses related to the bite. This includes medical bills (emergency room, doctor visits, prescriptions, follow-up care), lost wages if you missed work, and travel costs to medical appointments. Keep receipts and invoices for all of these.

You can also ask for compensation for pain and suffering, though this is harder to prove and insurance companies often resist it. Pain and suffering is not a bill—it is compensation for the physical pain, emotional distress, and impact on your daily life. If the bite left a scar, if you have anxiety around dogs now, or if you needed multiple surgeries, these factors increase what you might ask for.

Do not inflate your claim. Insurance adjusters and judges can tell when numbers are exaggerated, and it weakens your credibility. Stick to what you can document: medical bills, lost wages with pay stubs, and a reasonable estimate of pain and suffering based on the severity of the bite and your treatment.

When to hire a lawyer

You do not need a lawyer to file a claim with an insurance company. Many people handle this themselves and receive payment without legal help. However, a lawyer is worth considering if the insurance company denies your claim, if your medical bills are substantial, if the bite caused permanent scarring or disability, or if the dog owner does not have insurance.

A dog bite lawyer can send a demand letter to the insurance company, negotiate on your behalf, file a lawsuit if necessary, and handle all the paperwork. Because most dog bite cases are straightforward—the bite happened, you were injured, the owner is liable—many lawyers will take the case on contingency. This means you pay nothing upfront and the lawyer takes a percentage (usually 25 to 40 percent) of what you recover.

Interview at least two or three lawyers before hiring one. Ask about their experience with dog bite cases, how they charge, and what they think your case is worth. A lawyer should be able to give you a realistic estimate of what to expect based on your injuries and the insurance company's typical behavior in your area.

Frequently Asked Questions

How long do I have to file a dog bite claim?

You can file a claim with the insurance company at any time, but your state's statute of limitations sets a important date for filing a lawsuit. This is usually two to three years from the date of the bite, though it varies by state. Check your state's court website or ask a lawyer to confirm the important date in your area.

What if the dog owner says I was trespassing or that I provoked the dog?

These are defenses the owner might raise, but they do not always work. Most states have strict liability laws for dog bites, meaning the owner is responsible even if the dog has never bitten anyone before and even if you were partly at fault. However, some states reduce your recovery if you were partly responsible. The insurance company or a judge will decide how much fault to assign to each party.

Can I file a claim if I was bitten by a dog that was not on the owner's property?

Yes. The location of the bite does not matter for most homeowner's insurance policies. What matters is that the dog belongs to someone with insurance and that you were injured by that dog. The owner is liable whether the bite happened on their property, on a public street, or somewhere else.

What if the dog owner is judgment-proof and has no insurance?

If the owner has no insurance and no assets, collecting money will be difficult. You can still file a small claims lawsuit and win a judgment, but enforcing that judgment against someone with no money or property is challenging. Some people pursue these cases anyway because the judgment can attach to future income or assets. A lawyer can advise you on whether it is worth pursuing in your specific situation.

Do I need to report the bite to animal control if I am filing an insurance claim?

You do not legally have to, but it is strongly recommended. An animal control report creates an official record of the bite and is often required by insurance companies before they will process your claim. It also protects future victims if the dog bites again. Most areas require dog bites to be reported anyway, so check your local ordinance.