Dog causes over €1000 fine

[Girlmom83]

My scary breed dog breed is confined to our relatively large space with secure gates. One of gates was left open and in that instant was triggered by a passing cyclist. Absolutely, my dog, my problem. This experienced older cyclist got a severe fright, bike and himself crashed to ground. He has 2 significant scrapes and bike had damage (in my own shock I did not examine it) I was totally owning the situation completely apologetic and helped this man with disinfectant etc. He threatened me with millions very quickly and I'd lose my house hence my extra shock. He reported me and the dog to the guards. I've been looking at re homing her.
Today I received a text that he is well but to pay 1000 for a new bike and 100 for antibiotic etc. I've no problem paying what is due, 1000 is not millions, but to me I also cant even afford 1000, what checks should I make first and would I be unreasonable as it was my dog and my gate?

Ask him for receipt for antibiotics and proof that the bike cannot be repaired from a bike shop. If the bike can be repaired then tell him to get a quote and you will pay it. If the bike can't be repaired then you need to pay for an equivalent bike, not a brand new one.

This.

I think he's trying it on.

If he has a carbon frame that was cracked £1000 is about right for getting it fixed properly. Not getting it properly fixed means frame is likely to break completely in the future.

As you have insurance I would use that.

Normal people don't extort €1000 via text.

They go via insurance companies, who deal with it for them. Or court

He has her address. He can write with his claim details and proof.

Otherwise it's just extortion. He could take the €1000 and still put in a formal claim.

I wouldn't even begin to engage with this man directly beyond the steps op has taken.

Is his bike made of glass or something.
I would offer to pay towards costs of bike repairs if he gets a few quotes and same for medical treatment, would want a receipt/ note to explain what is wrong with him. Providing what he came back was reasonable.
Otherwise would tell him to start legal proceedings, as would not being paying out 1,000’s on his say so. Sounds like he’s trying it on.,
Look to see if any of your insurance policies cover it too.

I might be wrong here, but I thought that settling out of court was seen favourably by the court and if you have proof that you are trying to resolve it then the court will look at this in your favour?

I think the price is reasonable. Perhaps you can claim it on your insurance. I appreciate, it may be expensive but that comes with territory of having a dangerous dog.

your average bike rider doesn't have insurance for that sort of thing. My family all have third party insurance, but again, nothing that would cover claiming the cost of a bike.

Clearly not, "guards" and Euros are a bit of a giveaway that she's in Ireland.

What type of dog is it?

I can't see what you are so coy about telling us.

Seems to me you have 2 choices

1. Don't go through your insurance and simply pay him what he's asking

Or

1. Give him your insurance details to make a claim and let them handle it (obviously you'd need to report the incident to them as well)

Certainly you are at fault because your dog wasn't secured and it caused the accident.

Definitely don't ignore him - he would be in his rights to report to the Guards and it could cost more than money.

I settled out of court/insurers when I scratched someone's car in a car park. It was a tiny tiny scratch but apparently the entire bumper needed respraying. I was happy to pay but ensured that I paid the garage directly rather than her. That was years ago. My dad also bumped a parked car but he left a note and paid her what she wanted (just money). Again, years ago now.

He's already reported it anyway. Along with threatening her with losing her house.

If I sound hysterical it’s because a similar situation has happened to me.

knocked off my bike by a car while on a training ride. Bike was £2,700 new, had it 6 months. It took me 8 months before the insurance company managed to replace the bike - all that time not knowing whether I needed to buy a new bike or not, massive faff, borrowing race bikes from friends. Initially the driver wanted to give me £50 for a repair!!!

Aggressive dogs too? There are no legitimate reasons for keeping a dangerous dog.

I think in this case I would just let the insurers deal with it.

Op has both dog and house insurance. They can deal with it. He doesn't need to go via her and he doesn't need his own insurance in order to do so.

Not coy, just a lot of responses since I put the post up :) Shes a German Shepherd 2.5 yrs. She's small not an XL Bully as previously described, but nonetheless a scary breed for some. She is trained and easy going, but always is reactive to bikes and it is making me question keeping her with this road outside the house.

Go through the insurance. Both of those sound like made-up figures. Don't speak with him yourself any further, other than to take any necessary details to pass onto your insurer.

You don't need to get rid of the dog. Don't panic!

@Girlmom83

I have advised on this a lot to clients but this is based on UK law so... some may not apply exactly.

• Take IMMEDIATE steps to ensure this cannot happen again. That means things like gate springs and self closing latches so the gate CANNOT be left open, it'll shut itself if it is. Lock for the gate as well so it can't be opened from the outside.
• Even if your dog is not a breed that should be muzzled - get a muzzle, teach her to wear it (lots of treats, make it fun, build up slowly).
• Do not have your dog outside unsupervised if you cannot see from door/window prior to letting her out that all gates/fences are secure.
• If practical, a chain fixed to the wall by the exit door means you can chain the dog up as you take her out, and then go check with her secured. Then let her off if all is safe. You could also take her out on a lead to do this (but the chain, like the gate stuff, proves you HAVE taken pro-active steps to prevent further incidents).
• Check your insurance to see if it covers this claim of damage to property against you - if it does, then ask bicycle bloke to contact them and make a claim.
• Speak to the garda about this chap demanding money. He needs to supply proof of the value of the bicycle and purchase date, proof of the damage and costs to repair. You are liable for his costs but this is not an invitation for him to extort money from you.
• If you can call in a trainer and get them to work with your dog and produce a report stating what they've done, what their assessment of your dog is etc, great, that may also help show you're pro-active about preventing further incidents.

These are all clear indicators to any relevant authorities that you are taking this seriously and taking steps to prevent such an event happening again.

Taking these steps has in my experience, proven to be very helpful in getting authorities on your side and handling the case reasonably.

I don't know if they cover outside the UK but Cooper & Co solicitors (www.doglaw.co.uk) are a good place to turn for advice and they run a subscription service that for an annual payment, gives you access to lots of advice and you can talk to them over the phone (not particularly trying to flog this for them, it just means you get to talk to experienced legal bods, specific to dog related law, without the fear of a rapidly escalating bill!).

In Ireland it's the law that certain breeds , there are 15 on the list, must be under control and muzzled at all times in public. I'm guessing ops dogs is one of these dogs .

Thank you.

Personally, I wouldn't regard that as a scary breed, but I know some people think they are just a step up from wolves.

Have you thought about getting a spring on your gate so that it will close automatically if it's accidentally left open?

Bike reactive dogs are a bugger to deal with (from both the owner's and the rider's perspectives). I had a terrier that was obsessed with bikes. I think one of the problems (certainly was for me) is that bikes are almost silent until suddenly they're on top of you. This is startling for both people and dogs. Cyclists don't seem to have bells these days, and if they do, don't like to use them.

Not saying that this is why your dog reacts like this, but it certainly caused problems with mine. Apart form anything, if I was warned of a cyclist approaching I could get the little monkey to heel. It was when they shot past that he shot after them.

I wouldn't know how to contact a persons house insurer without going via the police. Should OP simply send her insurance details and ask him to contact them?

You shouldn't be owning this type of dog in the first place. Your insurance might cover it I suppose.

The dog certainly didn't do 'nothing'. It didn't bite him, but it caused an accident. It ran in front of the bike and bit the pedals, which made the cyclist fall and injure himself as well as damaging the bike. The dog was dangerously out of control and the OP is responsible for the damage.

I’m not say this is the case but wouldn’t dismiss it
a carbon road bike can cost anything from £1000 to £5000 plus
yes you can crack the frame coming off them
I would point blank refuse a repair on my carbon bike the repair affect the integrity of the frame and will always be a weak point

if you come of the you can graze the frame which again would be difficult and costly to repair