Dog insurance refusing to pay out after RTA - Help

[deanogtv]

Our 2 year old Lab was decently involved in an RTA which we was hoping our insurance we pay monthly would have covered, afraid not.
Here is why!!
Recently my 3year old daughter was playing in our garden and decided she would venture a little further and
figured out how to open our side gate. She had balanced on her bike next to the gate to reach the latch. Doing so she opened the gate ajar and our dog ran out past her and the accident happened out side of our house.
Now today we received letter explaining that the insurance company will next be paying due to our house and garden not being secure.
Now I fully appreciate they have these clauses but seriously. It really gets my back up that insurance companies constantly worm there way out of claims.

Should I try and defend this or take it from behind. I feel our 3 year old daughter wouldn't have know better and it was a pure accident she left this open not knowing the consequence of her action being only 3.

I know I'll get the usual, stop moaning a pay up, but if anyone has anything of value to add please do

Thanks

[bexVN]

Contest it. Ask your vets if they will support you. I have never heard an insurance company refuse to pay on these grounds tbh. Do you mind me asking who they are?

This was an accident.

Eta do you post in this forum much? It tends not to be so quick with the smartass comments as the lounge, so I'm hopeful you'll get more help that just 'pay up Ana shut up' comments

Edited by bexVN on Thursday 24th July 15:41

[jagracer]

It sounds like your garden is very secure and you can't really legislate against a toddler doing what toddlers do best. I think I'd appeal it as this was what I would call an unforeseen incident.

Insurance companies are bds and reading this it's one more reason why I don't bother insuring my pets.

[bexVN]

Just asked my colleague as she deals with all our insurance stuff.

She says technically they are right but (and it is a big but) they should see past that given the circumstances so definitely appeal. Do the ins co know how the gate came to be open?

She does feel it's a bit of jobsworth going on.

Not all ins companies are bds that can literally be lifesavers for some pets.

Edited by bexVN on Thursday 24th July 15:55

[paintman]

Puts me in mind of one of Judge Judy's cases.
Dog escapes from garden due to defect in fence.
Dog runs into road, gets hit by car, huge vet bill, dog owner sues car driver.
Local law requires dogs to be kept in secure areas.
Case thrown out.

Similarities to your own predicament. Surprised the insurance co haven't suggested you sue your daughter - perhaps that hasn't occurred to them yet
My sympathies but if they stick to the letter of the agreement & aren't into goodwill you are stuck.
Whilst ph doesn't allow name & shame there are ways of telling us who they are

[bexVN]

I don't actually want to name and shame the company but it would be useful to know as I know how some ins companies are.

As me and my colleague said it is very rare they refuse to pay out for this sort of accident. We've had dogs escape out of open front doors and get injured and ins co pay etc.

[jagracer]

I don't think security should come into it in this case, it sounds like the OP's garden is secure for purpose but a toddler opening a gate is a different thing and should be classed as an accident.

[KFC]

deanogtv said:

I feel our 3 year old daughter wouldn't have know better and it was a pure accident she left this open not knowing the consequence of her action being only 3.

If she doesn't know any better then she shouldn't be in a position to go wandering off and leave the gate open. So its pretty much the fault of whichever adult was in charge of her. Its not hard to put a lock or catch on a gate that couldn't be opened by a 3 year old.

I've been on the receiving end of similar - someone couldn't be bothered to secure their dog, it went a wander and I flattened it in my Porsche. I was without the car for several months, ended up paying for all the repairs myself and now fighting with the pet insurance company over the repairs. So right now I'm 7-10k euros out of pocket.

If the insurance are saying they're not going to pay out, are you risking being on the hook for the car repairs here too? I know they'll pay out but if they are saying you were negligent they might be looking to recoup the money from you.

[Pit Pony]

paintman said:

Surprised the insurance co haven't suggested you sue your daughter - perhaps that hasn't occurred to them yet

The members of my family have liability insurance, via my home insurance, so if my dog sued my daughter, my house insurance would cover it ? Right ?