Personal Injury
Discussion
Without going into this too deeply on here (TL:DR), I was out running/jogging, young Alsatian type dog gets out of garden as gate left open, having hassled a guy with a dog for a moment turns to me as I'm running. Jumps up at me, I trip. Broken spectacles, black eye, cuts and grazes to hand, arm & knee.
At the time, the owner says he'll pay for new glasses but is now backing out of the arrangement. What to do? Anyone with genuine legal background able to advise please.
Have been onto CAB but there's a 4 week waiting list for an appointment.
I can supply a full text of my SMS messages if required.
Thanks for any help.
At the time, the owner says he'll pay for new glasses but is now backing out of the arrangement. What to do? Anyone with genuine legal background able to advise please.
Have been onto CAB but there's a 4 week waiting list for an appointment.
I can supply a full text of my SMS messages if required.
Thanks for any help.
I was after reimbursement for the glasses (£250).
I did suggest Dog Insurance but I'm guessing he hasn't got that. Think he's wondering if I am after money for the injuries.
How do I go about going through a small claims court.
His SMS refuting my earlier claim contains multiple exaggerations an inaccuracies and says he's advice from friends who are police and solicitors. I want to message back refuting these but don't wish to further prejudice the case.
I did suggest Dog Insurance but I'm guessing he hasn't got that. Think he's wondering if I am after money for the injuries.
How do I go about going through a small claims court.
His SMS refuting my earlier claim contains multiple exaggerations an inaccuracies and says he's advice from friends who are police and solicitors. I want to message back refuting these but don't wish to further prejudice the case.
Edited by Skyedriver on Thursday 25th August 11:07
In which case I would politely get in touch either in person or text etc and say “ I’m sure you have legal liability insurance for your dog but all I am after is reimbursement for my glasses so would appreciate either direct payment from you now or ask you to make a claim to get me this “
I’m not a solicitor though so just what I would do.
The other way is to go is to an ambulance chaser but you’ll get less money after their fee unless you upp the amount you are looking for.
This is obviously a fall back albeit one I’d not do given I hate the whole concept of them !
Good luck either way.
I’m not a solicitor though so just what I would do.
The other way is to go is to an ambulance chaser but you’ll get less money after their fee unless you upp the amount you are looking for.
This is obviously a fall back albeit one I’d not do given I hate the whole concept of them !
Good luck either way.
Next step would be to write a letter before action outlining what you are claiming from him - this is as good a guide as any: https://www.which.co.uk/consumer-rights/letter/let...
Then, if you get no response, file a claim onilne here: https://www.moneyclaims.service.gov.uk/eligibility
You'll have to pay a claim fee ( £35 for less than £300), but you can include that in what you're claiming.
Then just respond to the correspondance you get. Hopefully the LBA sharpens his mind that you're not going to go away and are seeking legal redress.
(A LBA isn't essential to a court case, but it is the correct practice. You could jump straight to making a claim online but the other guy could point out that you failed to comply with pre-action protocol).
Then, if you get no response, file a claim onilne here: https://www.moneyclaims.service.gov.uk/eligibility
You'll have to pay a claim fee ( £35 for less than £300), but you can include that in what you're claiming.
Then just respond to the correspondance you get. Hopefully the LBA sharpens his mind that you're not going to go away and are seeking legal redress.
(A LBA isn't essential to a court case, but it is the correct practice. You could jump straight to making a claim online but the other guy could point out that you failed to comply with pre-action protocol).
You don't need a solicitor for this, MCOL are intended to be done by claimants themselves.
You can't claim legal costs in small claims so it's throwing money down the toilet. Plenty of useful info here if it gets that far: https://legalbeagles.info/
You can't claim legal costs in small claims so it's throwing money down the toilet. Plenty of useful info here if it gets that far: https://legalbeagles.info/
To be honest so long as the dog hadn't bitten you, and considering that you'd already observed that the dog was out at large, then I would say that the consequences of your fall were within your power to prevent. It's not even clear if the dog touched you or not.
On the subject of dog insurance, the usual motivation to take out a policy is to cover vet bills.
This has become incredibly expensive, and so many owners chose not to insure. or perhaps self-insure.
On the subject of dog insurance, the usual motivation to take out a policy is to cover vet bills.
This has become incredibly expensive, and so many owners chose not to insure. or perhaps self-insure.
Skyedriver said:
I was after reimbursement for the glasses (£250).
I did suggest Dog Insurance but I'm guessing he hasn't got that. Think he's wondering if I am after money for the injuries.
How do I go about going through a small claims court.
His SMS refuting my earlier claim contains multiple exaggerations an inaccuracies and says he's advice from friends who are police and solicitors. I want to message back refuting these but don't wish to further prejudice the case.
I’d just ask him politely is he going to pay the £250 you require for replacement glasses. If not, you’re more than happy to pursue through the Courts. Leave it at that. Give him 24hrs to respond to that message then just put a claim in. Don’t dwell on it much longer and don’t message him again after this. I did suggest Dog Insurance but I'm guessing he hasn't got that. Think he's wondering if I am after money for the injuries.
How do I go about going through a small claims court.
His SMS refuting my earlier claim contains multiple exaggerations an inaccuracies and says he's advice from friends who are police and solicitors. I want to message back refuting these but don't wish to further prejudice the case.
Edited by Skyedriver on Thursday 25th August 11:07
Jarcy said:
To be honest so long as the dog hadn't bitten you, and considering that you'd already observed that the dog was out at large, then I would say that the consequences of your fall were within your power to prevent. It's not even clear if the dog touched you or not.
On the subject of dog insurance, the usual motivation to take out a policy is to cover vet bills.
This has become incredibly expensive, and so many owners chose not to insure. or perhaps self-insure.
It didn't bite, in all honesty I think it was playing but an 8 month old Alsatian playing is a bit frightening, especially when you don't know the animal. It was out at large, not under control. It was jumping up at me, tripped me up. It's head was near enough shoulder height. IT all happened so quickly. On the subject of dog insurance, the usual motivation to take out a policy is to cover vet bills.
This has become incredibly expensive, and so many owners chose not to insure. or perhaps self-insure.
Had I been a more elderly frail person or small child injuries could have been a lot worse.
Pet insurance is usually very cheap for the first year or two, gets more expensive as the animal gets older. No idea if the owner had imsurance.
Edited by Skyedriver on Thursday 25th August 14:12
Pet insurance never cheap - even at day 1 - but it’s not this cover that will pay out in the event of this type of incident - Third Party Liability cover is the one needed which is usually an option only under the Pet Insurance.
Dogs trust membership supply it foc as do some Household policies.
Dogs trust membership supply it foc as do some Household policies.
MDMA . said:
Skyedriver said:
I was after reimbursement for the glasses (£250).
I did suggest Dog Insurance but I'm guessing he hasn't got that. Think he's wondering if I am after money for the injuries.
How do I go about going through a small claims court.
His SMS refuting my earlier claim contains multiple exaggerations an inaccuracies and says he's advice from friends who are police and solicitors. I want to message back refuting these but don't wish to further prejudice the case.
I’d just ask him politely is he going to pay the £250 you require for replacement glasses. If not, you’re more than happy to pursue through the Courts. Leave it at that. Give him 24hrs to respond to that message then just put a claim in. Don’t dwell on it much longer and don’t message him again after this. I did suggest Dog Insurance but I'm guessing he hasn't got that. Think he's wondering if I am after money for the injuries.
How do I go about going through a small claims court.
His SMS refuting my earlier claim contains multiple exaggerations an inaccuracies and says he's advice from friends who are police and solicitors. I want to message back refuting these but don't wish to further prejudice the case.
Edited by Skyedriver on Thursday 25th August 11:07
MDMA . said:
Skyedriver said:
I was after reimbursement for the glasses (£250).
I did suggest Dog Insurance but I'm guessing he hasn't got that. Think he's wondering if I am after money for the injuries.
How do I go about going through a small claims court.
His SMS refuting my earlier claim contains multiple exaggerations an inaccuracies and says he's advice from friends who are police and solicitors I want to message back refuting these but don't wish to further prejudice the case.
I’d just ask him politely is he going to pay the £250 you require for replacement glasses. If not, you’re more than happy to pursue through the Courts.and at least he'll get mates rates for any court case Leave it at that. Give him 24hrs to respond to that message then just put a claim in. Don’t dwell on it much longer and don’t message him again after this. I did suggest Dog Insurance but I'm guessing he hasn't got that. Think he's wondering if I am after money for the injuries.
How do I go about going through a small claims court.
His SMS refuting my earlier claim contains multiple exaggerations an inaccuracies and says he's advice from friends who are police and solicitors I want to message back refuting these but don't wish to further prejudice the case.
Edited by Skyedriver on Thursday 25th August 11:07
Sorry but I just think its hard luck.
If a dog jumps up at you, that's not unexpected when you are out running. I've had dogs jumping up at me, people walking out of their gates without looking and generally kids cycling along the pavement who have bumped into me.
If I went out and was jogging while reading my emails on my mobile phone and one of these things happened I wouldn't be presenting someone for a bill of £1000. If I spend £2000 on a music headset and it gets knocked off my head I wouldn't expect someone to fork out for that.
The reason being I wouldn't be jogging reading my mobile, or wearing ridiculously expensive headsets, and would only be wearing glasses if I couldn't run without them, and they'd be cheap plastic ones. All of this because while you are jogging things will happen.
This culture we live in which suggests you can small claims court anything that takes your fancy is daft. Personal responsibility doesn't exist anymore.
If a dog jumps up at you, that's not unexpected when you are out running. I've had dogs jumping up at me, people walking out of their gates without looking and generally kids cycling along the pavement who have bumped into me.
If I went out and was jogging while reading my emails on my mobile phone and one of these things happened I wouldn't be presenting someone for a bill of £1000. If I spend £2000 on a music headset and it gets knocked off my head I wouldn't expect someone to fork out for that.
The reason being I wouldn't be jogging reading my mobile, or wearing ridiculously expensive headsets, and would only be wearing glasses if I couldn't run without them, and they'd be cheap plastic ones. All of this because while you are jogging things will happen.
This culture we live in which suggests you can small claims court anything that takes your fancy is daft. Personal responsibility doesn't exist anymore.
t happens, get on with your life.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff