Who Is at Fault If My Dog Gets Hit by a Car? NY Accident Laws
- Alex Maltese
- 38 minutes ago
- 4 min read
The idea of a dog being struck by a car is heartbreaking. It happens fast. A leash may slip, or a gate may be left open.
In New York, where both dense city streets and quiet neighborhoods meet constant traffic, such accidents are tragically common. When they happen, one urgent question surfaces: Who is at fault if my dog gets hit by a car? NY law isn’t always simple.
Pets are legally considered personal property, and if a dog is loose and struck by a vehicle, liability often rests with the animal’s owner.
However, there are specific circumstances where a driver can be held responsible, especially if there was negligence involved, such as speeding, distracted driving, or failure to react appropriately in residential zones.
The involvement of the driver’s insurance company may also become a factor, particularly when property damage, medical treatment, or other costs come into play.
As for dog owners seeking to pursue compensation, having legal support from an experienced law firm becomes vital when navigating through complex insurance policies, applicable laws, and emotional stress. They can also advise on who is at fault in a bicycle accident NY.

When Are Dog Owners Responsible for Car Accidents?
Pet owners are expected to maintain control of their animals at all times. This includes leashing, fencing, or otherwise securing the dog to prevent it from darting into traffic.
If a pet causes a driver to swerve, brake suddenly, or collide with another vehicle, the animal’s owner may be considered the at-fault party, especially if it’s proven that the accident could have been avoided with reasonable care.
Responsibility often hinges on the specific circumstances of the accident. If a dog escapes a yard with a broken fence or slips out during a walk without a leash, and that behavior leads directly to a collision, the owner may be held responsible for injuries, property damage, or even the death of the animal.
In these situations, the insurance company representing the driver may seek to recover costs from the dog owner or their homeowner’s policy, thus adding another layer of complexity to the claims process.
It’s also important to understand how subsequent offenses affect liability. If a dog owner has been warned before by a police officer, peace officer, or court and failed to address the issue, they could face additional legal consequences, including fines, civil penalties, or legal trouble tied to negligence caused.
In short, dog owners are not automatically blamed when a car hits their pet. However, when a lack of control or repeated incidents are involved, the law may point squarely in their direction.
Not Reporting Accidents Involving Certain Animals
Failing to create a police report over an accident involving an animal may seem like a small oversight, but under New York's applicable law, it can lead to serious consequences.
Whether it’s a dog, cat, deer, or any domestic animal, the law requires that specific steps be taken, especially if there’s property damage, injury, or loss of life.
Failing to report such incidents, especially if they involve a guide dog, livestock, or a known first offense, may be seen as negligence.
In subsequent offenses, penalties can increase significantly. Additionally, not reporting an accident might also affect a driver’s insurance claim, as most insurance companies require timely documentation to assess coverage for property damage or medical treatment expenses.
Can Motorists File for Car Insurance After Hitting a Wild Animal?
The short answer is yes. Car insurance may cover the damage, but only under specific types of coverage.
Unlike crashes with domestic animals, collisions involving a wild animal, such as a deer, raccoon, or other wildlife, are typically classified as “comprehensive claims” by most insurance companies.
That means drivers need to have comprehensive coverage on their policy, not just liability or collision insurance, to receive financial support for repairs or total losses.
According to New York law, these incidents are often considered “no-fault” in the sense that neither the animal nor the driver can be blamed.
However, the insurance carrier may still need an accident report, photos, and proof that the crash wasn’t caused by distracted driving or preventable action.
It’s also worth noting that while no-fault insurance may cover medical expenses for the driver or passengers, it won’t necessarily apply to vehicle damage unless the policy includes the proper add-ons.
Because these accidents can result in costly repairs, missed work, and even lost income, understanding how to file a claim and when to involve a law firm or attorney can make a big difference. It may be beneficial to consult this car accident lawyer in Long Island.
Unfortunately, for some people, especially after a second or subsequent offense, a claim denial or premium hike might follow if not handled correctly.

Sit for a Free Consultation with a Reputable Law Firm
When an accident involving certain animals occurs, whether it’s a dog, a guide animal, or a wildlife-related collision, the emotional toll is only one part of the story.
There’s also property damage, questions about insurance, concerns over the well-being of those involved, and often confusion about what to do next. In moments like these, many people feel overwhelmed and unsure where to turn. Fortunately, they don’t have to face it alone.
A free consultation with a reputable firm like The Law Office of Carl Maltese offers victims, dog owners, and drivers the chance to understand their rights and obligations under New York State law. Our team can also explain who is at fault in a backing up accident NY.
Legal professionals can walk plaintiffs through the complexities of insurance policies, explain the role of a police officer in filing reports, and offer clarity on how to begin the process of determining liability, especially in cases involving property damage, injury, or lost income.
Final Words
Whether it’s a loyal dog struck by a passing car, a wild animal caught in headlights, or a driver swerving to avoid a pet on a suburban street, collisions involving animals leave more than just property damage behind.
Dog owners must understand their obligations under New York State law, especially when it comes to leashing, supervision, and potential subsequent offenses.
On the other hand, drivers should know when and how to file a report with a police officer and what their insurance policies truly cover.
When questions of liability arise, reaching out to a trusted law firm for guidance is the best course of action. A free consultation can be the bridge between confusion and resolution and the first step toward protecting the well-being of everyone involved.