As a responsible dog owner, receiving notification that someone is pursuing a compensation claim against you after being bitten by your dog can be a shock.

UK research indicates that one in four people have been bitten by a dog in their lifetime, with a third of bites requiring medical attention but only 0.6% requiring hospital attendance. So, while being seriously injured by a dog is relatively rare, any minor injury to a human which involves your pet will still be a cause for concern.

What happens if my dog bites someone?

In the immediate aftermath of a bite or attack, the police often become involved to assess if your animal is dangerous or could be considered out of control. The outcome of this investigation could be a warning, community resolution order, fine, banning order or even prison sentence in the most serious of cases.

But regardless of any action the police may take in a criminal capacity, you may still be subjected to civil legal proceedings in the form of being sued via a compensation claim made by the injured party.

If this occurs then you'll need to be aware of the options available in defending a dog related personal injury claim, and that you cannot always be held legally responsible for injuries that have been caused by your pet.​

Does home insurance cover dog bites?

There are various insurance policies which you may have in place that can cover you in the event that a personal injury claim is made against you as a dog owner. Whether you dog bit someone on your property or in a public place (street, park, woods etc.)

• Pet Insurance – Many pet insurance products that are designed to cover vet bills also have 'third party liability' cover which may cover incidents caused by your animal. However, on some products this liability cover is an optional extra.
• Home Insurance – While not as common, depending on your buildings and contents insurance you may be covered for injuries to the public that occur on your property. However, there may be homeowner policy exclusions relating to animals or dangerous dogs.
• Membership – Some animal organisations (for example the Dogs Trust Companion Club) include third party liability insurance if your dog causes damage or injury as part of their membership package.
• Public Liability Insurance - If the animal is used in connection with your business, such as being a dog handler, walker, canine security or a guard dog. Then your business public or employers' liability insurance may provide coverage.

Should you receive a claim, it's recommended to first check for any possible insurance policy, and if cover exists, report the claim to your insurer as soon as possible. They will then take over the handling of the claim and instruct a solicitor to act on your behalf.
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If no insurance cover exists, or your insurer refuses to indemnify you, then you need to seek advice from a personal injury defence lawyer on your uninsured dog bite claim.

The Letter of Claim ​you receive informing you of the claim will need to be acknowledged in a certain timeframe (usually 21 days) so gaining legal advice as soon as this letter is received is highly recommended.
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​For a claimant to be successful in their damages claim they must prove that the owner or keeper was responsible for the actions of the animal, and/or have been negligent in some way.
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A key piece of law that is often cited in animal attack cases is the Animals Act 1971. This legislation defines the conditions that a dog’s keeper can be responsible for the behaviour and damage caused by their dog.

The act provides three tests that must be met before the owner or person in possession of the animal can be held liable for any damage that has been caused. Basically, these tests are that:

a. The damage or injury was likely to be caused by the animal unless it was restrained, and
b. It was caused by a characteristic of the animal, and
c. The characteristic was known to the owner or keeper of the animal.

While any dog has the ability to bite, they will generally only ever do this in unusual circumstances which may not be able to be reasonably foreseen by the keeper.
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Another piece of legislation used in dog bite compensation claims is the Occupiers' Liability Act 1957 if the claimant was a visitor to the defendant's property.

These laws basically place a responsibility on the occupier of a property to ensure that any visitors will be safe on the premises for the purpose of their visit.

An occupier could be classed as anyone that has a reasonable degree of control over the property where the incident occurred.  So a claim may also be made against someone other than the official owner of the dog.
   

Being the owner or handler of a dog, you owe the public and any visitors to your home a 'duty of care' to prevent the animal from injuring them. If a claimant can prove that an owner has breached this duty, and so has been negligent, then they may be entitled to compensation.

A person simply being bitten by a dog does not mean that the owner has been negligent. A claimant would need to show that they were aware that the dog attack could happen and failed to take adequate steps to prevent it.
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As you have probably gathered, defending a dog bite compensation claim is a complex task and you should obtain specialist legal advice when faced with a claim.

An experienced solicitor can investigate the circumstances of the incident, as well as the history of the animal, to present all mitigating factors on why you may not be liable for the injuries caused. For example, common dog bite law defences may include:
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• If the animal was provoked in anyway.
• If warnings were ignored by the claimant.
• If dog has never previously demonstrated aggressive behaviour.
• If animals were fighting and a person placed themselves in danger to separate.
• If the claimant was trespassing, and the dog was guarding the property.

When it comes to the law, your beloved family pet is simply considered a piece of property that has inflicted damage on another person. So if you are placed in the position of defending a claim, ensure you seek the legal advice you need and your pet deserves.

Most drivers have never heard of the Motor Insurers' Bureau (MIB), but if you have been involved in a road accident and there is a problem with your motor insurance policy, you may have received a letter from them with a claim against you.

By law you must have a valid insurance policy to drive on UK roads. While some drivers choose to deliberately avoid purchasing insurance, for others it can be more of an oversight.

Insurance policies can have complex terms and conditions which if not understood fully at the time of purchase can result in a policy holder not being covered for the use they require. But by far the most common oversight is simply not renewing or updating key details on an existing policy.

​While the reason for being uninsured may be a genuine mistake, it will have little impact on your legal options in the event of an accident and the MIBs involvement in a legal matter.​

The MIB is a non-profit organisation that steps in to provide compensation to victims of road traffic accidents when the at fault driver is uninsured, untraced, or has a foreign-registered vehicle.

They provide a safety net for these innocent victims by settling claims for personal injury, property damage and associated losses. Ultimately resulting in the claim being dealt with as if the at fault driver had the benefit of an insurer.

In 2023 the MIB assisted on approximately 30,000 incidents and paid out compensation of over £375 million, with both these figures being predicted to increase in the coming years.

While the MIB plays a crucial role in ensuring that victims receive compensation, it also has a responsibility to protect the interests of its contributing insurance companies. This means after a victim's claim has been dealt with, the MIB may then pursue monetary legal action against the uninsured individual if it believes they share some responsibility for the accident.
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The injured party (the Claimant) will have likely instructed solicitors to act on their behalf. The solicitors will have made enquiries on the parties involved in the accident and established their insurance position. If no valid insurance policy has been found, then they will refer the claim to the MIB.

Depending on the progress of the claim, you may have received a letter from the MIB advising you of their involvement or court proceedings from the claimant’s solicitor naming you as a Defendant along with the MIB.

If the MIB have written to you requesting information on the accident, you should provide them with the required details, your version of events and any physical evidence you have of the incident (collision damage photographs, dashcam footage etc.). The MIB will want to thoroughly investigate the incident to establish the facts and the potential liability (fault) position.

​While you may have been without insurance at the time of the collision, this does not automatically mean you were fully at fault for the accident. But likewise, if the accident was clearly your fault, then the MIB being aware of this may expedite the claim process and ultimately reduce the legal costs that are incurred as part of any compensation claim.
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In any court proceedings following an accident, it is likely that both you and the MIB would be named as Defendants. While you may think that this means you are both on the same side against the Claimant, the MIB has no obligation to advise you or act in your best interests.

Therefore, it is essential to act promptly to obtain your own legal advice and representation to respond to the claim. There will be tight deadlines to acknowledge the claim and submit your Defence. Failure to do this will likely result in the Claimant obtaining judgment (CCJ) against you.

A defendant personal injury solicitor will be able to advise you on your position, comply with the court proceedings and liaise with the MIB's solicitor on common issues where it is appropriate to do so.

While there is always the possibility that after the accident claim is concluded the MIB may make a separate claim to pursue you for the costs they have incurred. This should not prevent you from robustly defending the allegations and dealing with the accident claim.

In a best-case scenario, you may be successful in your defence resulting in the Motor Insurers' Bureau not having to pay out compensation to the claimant. However even if the claimant's claim is successful, in full or in part, your defence and compliance with the proceedings will likely reduce the costs incurred by the MIB and ultimately what you may be liable for.
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If you find yourself being claimed against as an uninsured driver, you still have the right to defend the claim and allegations yourself, regardless of the MIBs involvement.

While the MIB may eventually be responsible for paying any compensation awarded, simply ignoring the correspondence and any court proceedings is not advisable. As this will likely just increase the duration and costs of the claim.

Therefore, you should always seek legal assistance as soon as possible from your own experienced personal injury defence lawyer. By obtaining specialist advice, guidance and legal knowledge of the MIB uninsured drivers agreement, you can protect your position and ensure a fair outcome.

Applications for pre-action disclosure can be common in personal injury claims where a party (most often the Claimant) seeks specific information from the opposing party (the Defendant).

If you have received a pre-action disclosure application ('PAD') in relation to a personal injury that has been alleged against you or your business, usually your insurer will be dealing with the claim and so will have appointed legal representation. Your solicitors should therefore respond on your behalf to comply with the process.

However, if you do not have insurance to cover the claim or solicitors acting for you, it is important to understand the basis for the application and respond as soon as possible.​

PAD's are usually issued by a Claimant's solicitor when the Defendant has been unresponsive or has refused to provide information that has been requested.

A solicitor acting for a Claimant can request copies of all relevant information relating to the alleged incident that led to the injury that the Defendant possesses or that is in their control. This information is then used to assist them in evaluating the prospects and liability of any claim.

The legal basis and procedure for the disclosure of documents is detailed in section 7 of the Pre-Action Protocol for Personal Injury Claims and section 31.16 of the Civil Procedure Rules.

Depending on the type of claim (accident at work, dog bite etc.) the evidence that can reasonably requested may include:

• CCTV
• Accident book entries or accident reports
• Risk assessments
• Equipment maintenance logs
• Inspection or cleaning records
• Vet records
• Insurance details
• History of similar accidents or incidents

A PAD should not be the first correspondence you will receive regarding a claim, as a Letter of Claim or Claim Notification Form is usually sent beforehand. This will have detailed the specific allegations of the claim and often requests that the additional information is provided or at least preserved (i.e., CCTV footage not be deleted).

If this information isn’t forthcoming, then the Claimant's solicitor may write again threatening an application for pre-action disclosure and putting you on notice that you will be liable for the costs incurred if an application must be made to the Court.

​You should seek legal advice as soon as possible to comply with the request and to avoid having to pay these additional costs.

When a PAD is made, the documentation you receive can consist of the Application Notice, a Witness Statement, Order/Draft Order, copies of previous disclosure requests, and sometimes a notification to attend a hearing.

The Witness Statement will detail the attempts the Claimant's legal representatives have made to obtain the documents, the exact documents that are being requested and why these should be disclosed.

The Order (or Draft Order) will state what timeframe the documents should be provided in and the costs the Claimant is now entitled to receive from you as a result of having to make the application.
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It is advisable to obtain legal advice to deal with the threat of a PAD or the application itself. It is a formal legal document that has been made to the Court and should be treated seriously.

A Defendant personal injury solicitor will then be able to advise on the validity of the application, assist in complying with the Order and arrange representation at any application hearing (should one be required).

Failure to fully comply or respond to the application and subsequent Order can result in the Claimant's solicitor seeking a Penal Notice, which warns a Defendant that they may face further sanctions which could be as serious as imprisonment or other punishment that is permitted under the law.
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