Dog’s Injury Leads to Insurance Battle for Utah Couple
In Oakley, Utah, Mike and Whitney Weiss are facing a substantial financial and emotional challenge after their dog, Stella, was injured in a car accident on their property. The couple has already incurred over $10,000 in veterinary bills for Stella’s treatment, which included orthopedic surgery to repair a crushed pelvis. Their ensuing struggle with the driver’s insurance company highlights the legal complexities of pet ownership and insurance coverage.
The incident occurred when Stella, a 3-year-old mixed-breed dog, was on a 50-foot lead line in the family’s yard. According to Mike, the driver of a truck, who was a friend of a friend on the property to do some work, ran over Stella’s lead line. The dog was then struck by the vehicle. Following the accident, Stella underwent emergency veterinary treatment and orthopedic surgery at Bark City Veterinary Specialists in Park City.
Insurance Claim Denied
Initially, the Weisses were told by the insurance company that Stella’s expenses would be covered. However, this decision was later reversed. The insurance representative stated that they determined the driver was not liable because the leash allowed Stella to be in the driveway where cars typically travel. The Weisses assert that despite the leash, Stella’s costs should be covered under the driver’s auto insurance policy.
“Our dog was purposefully leashed so that she was going to be solely on her property and not in danger’s way,” Mike said.
After the insurance company offered a mere $1,000 for follow-up vet visits (an amount they refused as it would close the claim), the couple decided to fight the decision. They have consulted professionals who support their argument for coverage.
The Legal Gray Area
Under Utah law, pets are classified as personal property, which complicated the situation from an insurance perspective. During a conversation with their insurance provider, the Weisses were reminded that “personal auto policy includes coverage for bodily injury and property damage liability. These are the primary coverages required by the state of Utah. Your dog is considered your private property.” The Weisses work in mental health care and have found the time commitment required for Stella’s care has taken a toll on their personal as well as professional lives.
Steve Gooch, a public information officer at the Utah Insurance Department, provided some general information. “If the dog is in the driveway, it may not be covered because a driveway is where you would expect a car to be – not a dog. But if the dog was in the yard, the inverse would likely be true. There are also city and county codes, such as leash laws, that may impact who is at fault for the incident.”
Pet Insurance Considerations
The Weisses’ experience emphasizes the growing importance of pet insurance. The couple did not have pet insurance for Stella. “It hadn’t been on either of our minds, it’s not really spoken about a lot,” Mike said. “Just like we have health insurance, accidents happen. So I think about it differently than I did before.”
Pet insurance policies are becoming increasingly common, with nearly 5.7 million U.S. dogs and cats insured in 2023. Plans include accident and illness, accident-only, and wellness options. While accident and illness plans are more comprehensive, accident-only plans are usually not too expensive.
In the wake of Stella’s accident, the Weisses launched a GoFundMe campaign and used social media “to urge” the insurance company “to do the right thing,” as well as share their troubling experience in the hopes of raising awareness.
