If my dog bites someone, will my insurance pay for it?
Usually yes, if you have home insurance with family liability cover that includes pets, or specific insurance for the dog. The law makes whoever keeps the dog liable for the damage it causes, even if it escapes and even if they were not careless in any way, unless the damage is due to the victim themselves or to force majeure. Many home insurance policies exclude potentially dangerous dogs, which need their own insurance. If your policy does not cover the dog, you will have to pay yourself.
Alburquerque Abogados
José Manuel AlburquerqueWhat the law says
- Whoever is in possession of the dog or makes use of it is liable, even if it escapes or gets lost. If someone else was walking it, that person may also be liable.
- Liability is only avoided if the damage was due to force majeure or to the fault of the person who suffered it, for example if they provoked the animal.
- The person who was bitten can bring a direct claim against your insurer. You are obliged to tell them which insurance you have and what it covers.
- If the bite happened in Catalonia, there are three years in which to claim. In the rest of Spain, one.
What the policy says
- See whether your home insurance includes civil liability for pets, up to what limit and whether there is an excess.
- Check whether it excludes potentially dangerous dogs or certain breeds. Potentially dangerous dogs need compulsory insurance, which can be a specific policy or an extension declared in the home insurance policy, provided that it identifies the dog and provides at least the legal minimum cover.
- Dogs used for work or for hunting and damage to your own family members are usually excluded.
What to do if your dog has bitten someone
- Give the person who was bitten your details and those of your insurance.
- Notify your insurer within seven days.
- Keep the dog's health record and its microchip details to hand, because you will be asked for them.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.