Facts You Should Know About Car Accidents Involving Pets

Like humans, pets can also sustain severe injuries in car accidents. Some common injuries include trauma to the head, fractured bones, and lacerations. If your pet sustains injuries in a car accident, you should consult a car accident attorney to help you claim damages. Here are some basic facts about car accidents involving pets.

What Are Your Legal Rights?

The legal rights of individuals involved in car accidents vary depending on the rules of each state. Some states follow the at-fault system and others that follow the no-fault system. With the at-fault system, the insurance company or court will determine compensation based on tort liability. This means the insurance company pays damages depending on the liability of each party. 

In the no-fault system, the insurance company will pay you damages based on the driver's insurance policy limits regardless of who's to blame for the accident. The no-fault system is meant to reduce the cost an insurance company will incur by avoiding the court-claims process.

In auto accident cases involving pets, insurance companies treat pets like property. This means the defendant's property damage insurance will cover the cost of injuries sustained by your pet during the car accident. The amount of damages you'll receive for your pet's injuries will depend on whether you're in a state that follows the at-fault system or the no-fault system.

What Are the Damages for Pet Injuries?

If you have pet insurance, your car accident lawyer can help you claim money to cater for medical expenses incurred for the treatment of your pet's injuries. Apart from medical expenses, you can still claim non-economic damages for your pet's injuries. When determining damages for pet injuries, the courts measure a pet's economic value based on fair market value, replacement cost, and special economic value.

Some states allow punitive damages to punish wrongdoers for gross negligence. For example, in California, you can get punitive damages for injuries to animals committed by gross negligence. You can also sue a person for the loss of your animal. You may have more success if your car accident attorney can prove that the defendant meant to make you suffer, also known as intentional infliction of emotional distress. For example, in Tennessee, a pet owner can recover non-economic damages for the loss of love, affection, and companionship in cases where pets die out of the defendant's gross negligence.

In conclusion, car accidents involving pets are a bit more complicated than ordinary car accidents. You might have to deal with your pet insurance company for your pet's injuries and make a separate claim against the at-fault driver for other damages. It's essential to consult an auto accident attorney before you make any rash decisions. Your attorney will advise you based on the laws in your state and the facts of your case.


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