Hi, and dogs???

[TsPoet]

This thing stops almost anything in its tracks (at least temporarily)

http://www.deltacycle.com/product.php?g=1

(note, that's just a random website where they are sold, don't know anything about that company).

I've also seen it used to stop a wandering car from continuing its way into a bikes way, the driver stopped dead.
very loud.

[emily_in_nc]

This thing stops almost anything in its tracks (at least temporarily)

http://www.deltacycle.com/product.php?g=1

(note, that's just a random website where they are sold, don't know anything about that company).

I've also seen it used to stop a wandering car from continuing its way into a bikes way, the driver stopped dead.
very loud.

Yes, this is the airhorn I have now too. I have only had to use it ~4 times on dogs. All but one retreated/stopped in their tracks. One continued to chase -- I wondered if he was deaf. I got mine from Nashbar but they may not carry them anymore.

Emily

[liberty]

Guys, I need your advice/counsel. Just found out the couple who own the dogs has decided to pay out of their pocket (as opposed to insurance) and have stated they will only pay the initial $700 for urgent care and x-rays. That leaves me with $500 for bike repairs and chiropractic therapy. The choice is: drop the matter and accept their check, or take it to small claims court. The deal is that they live very close to me and for me to bike in this neighborhood I will have to go past their house every time. The last thing I want is animosity going on here... The county I live in does not have a leash law. The guy was upset that I went to urgent care instead of the emergency room, because he said it was more expensive. Mind you I didn't call for an ambulance (expensive), and my mom (who picked me up) took me to urgent care since I had been there previously...

As for the $500 bills that isn't covered: $120 for bike repairs, new helmet, mirror, and bar tape (the bike shop's service agreement covered the majority of the repairs for free, and gave me half price on the replacement items); and $320 for chiropractic therapy, which we chose instead of the MRI the urgent care doctor recommended. The chiropractor also adjusted the bill down.

The shoulder is better now. I just honestly feel like I have tried to be more than considerate in this. Don't want to take advantage of them in any way. Have any of you had dealings with this type of legal - bike issues??????? I'm not scared of small claims court. But the thought of wondering what "could" happen any time I pass their house......... FYI, I don't have medical insurance.

[Dogmama]

Reminds me of the age old saying - would you rather be right or be happy? Is it worth $500 to pursue?

[Tuckervill]

That's what they've decided, but that doesn't mean you have to agree. What is stopping you from calling their insurance company, anyway? They think they're going to get out of this without paying their whole deductible or something? I don't get it. If their deductible is $700, then what difference does it make to them if their insurance pays the rest? I'm curious to know how they came to the $700 figure.

You do have another choice besides settling or small claims court. If you know a friendly attorney, you can ask him/her to write a demand letter which basically threatens a lawsuit without actually filing one. But first I would just tell them that $700 is just not good enough. You have no obligation to save these people any money. They're getting it good just because the bike shop is helping you out.

The other thing that occurs to me is that you don't know if you're going to be completely healed or whether the effects of therapy are going to last. You have a right to all the therapy that is needed to get you back as right as possible, and you don't have an obligation to pay for it out of your pocket, since they have admitted fault.

Don't just give in. Hold out for all that you're entitled to--even if it means you have to demand more than that to get it. They should at least be coerced into filing with their insurance company.

Good luck,
Karen

[Dogmama]

You do have another choice besides settling or small claims court. If you know a friendly attorney, you can ask him/her to write a demand letter which basically threatens a lawsuit without actually filing one. But first I would just tell them that $700 is just not good enough. You have no obligation to save these people any money. They're getting it good just because the bike shop is helping you out.
Karen

Excellent point. I've seen this work several times. Just one letter can instill a bit of fear. Hopefully $500 worth of fear.

[emily_in_nc]

As I may have posted in this thread or in another recently, when I had a cycling accident due to two dogs running out at me, I was able to file a claim with the dog owners' homeowner's insurance co. and have ALL my expenses paid. The fact that our county has a leash law may have made a difference, though. And they did have to cooperate by providing me their HOI information so that I could file a claim. They never offered me to pay out of pocket (my claim was around $4000, so probably out of their price range anyway).

I don't know how much small claims court costs, but if it's a lot less than $500 to file a claim, that's probably what I would do. That was most likely going to be my next move if things hadn't worked out with the insurance co. And yes, a letter from a lawyer can indeed help at times, too.

I feel your pain, though, at having to go past their house every time you ride and worrying what they might do if you do file a claim against them. That really stinks. I might go as far as to consider moving. Very drastic, but so is being stressed out in your own neighborhood every time you ride. Even if they never seek any kind of revenge, it would freak me out just worrying about the chance that they might every time I rode past there.

Good luck - let us know what you do.

Emily

[xeney]

Ugh. I hate bullies, and that is what these people are, if they are trying to intimidate you into not pursuing it. I completely understand not wanting to antagonize them, but on the other hand, you are going to have to pass that house anyway, and do you think it is going to be less scary if you have let them intimidate you into not making them pay for the damage they caused?

That's a real question, not a rhetorical one. I would not really blame you if you decided to let it go for the sake of neighborhood peace, but me, I would probably be so mad at the attempted intimidation that I would say, fine, see you in court. I mean, it's not like they have a defense, right?

[Artisan]

How comfortable are you emotionally and financially taking care of the 500 dollars yourself? Are going to feel resentment for paying it yourself and/or can you afford to take on the additional 500 debt to your budget? I wouldn't put too much into how "they" are going to feel, you have to do what is best for you.

When I had my run in with a dog, I ended up paying the 250 that my insurance didn't cover. It didn't hurt my budget very much so I wasn't so stressed over it. The owners received a very hefty fine, had they not, I would have pursued payment for my medical bills.

[eclectic]

I am with tuckervill - I wouldn't settle but then I am not in a financial position to eat $500. small claims court is pretty painless and they can go to their insurance company - yes their rates will go up for a couple of years but that is the price they pay for owning a dog that runs loose


On a related note I learned the VERY hard way to never go directly to the dogs owners to work out the problem. I was dealing w/ my next door neighbors who never had shelter for their lab even in -25 weather, the dog would sleep on the ice and snow, also it would bark all night.

As things are normally done in this neck of the woods I tried talking to the owners first (who are from out of state) on numerous occasions with no results.

I finally told them I had called the Humane Society and would be calling the police and animal control in the future. In response they filed a tresspassing notice on me and also a disorderly conduct (claimed I came barging in their house ) - they lied all the way through it and no one EVER asked my side - it finally got thrown out - after I had been arrested, posted bail, and spent $500 on a lawyer.

Luckily they have rid themselves of the dog

So moral of the story is start with the police

[cosc]

My experience won't give you much advice, but this is what I did after a dog chased me (seemed like about a mile). He was a mean sounding blue heeler. I kept thinking he was giving up the chase, but in reality was just catching his breath sucking behind my wheel to make a new attack. After the incident I called the owner to restrain her dog before riding. The 4th time I called she was apathetic and asked why I didn't ride the bike path the city spent so much money on. The path only goes 1 mile, and does not even get me passed her house. I quit calling her and the dog has came out for a short chase, but no extended chases. I haven't been riding that way since the road work. There is not many choices for good roads to ride. Looking forward to dogs on the route definitely dampened my enthusiasm to get on my bike. Glad your able to ride again and hope you receive a just reimbursment.