Responding to a Dog Bite Insurance Request in Florida
If you have received a letter from an attorney asking for your homeowners insurance information following a dog bite or attack, it is natural to feel anxious. You may not know whether this is a formal lawsuit, whether you need a lawyer, or what happens if you say the wrong thing.
This guide explains what that letter actually means, what steps to take, and how to protect yourself under Florida law. The short answer: take it seriously, contact your insurer right away, and consider speaking with a Florida dog bite defense attorney before responding.
What the Letter Actually Means
A letter from an attorney requesting your insurance information is a pre-suit communication. It does not mean you have been sued. It means the injured party has retained legal counsel and that counsel is beginning to investigate the claim and assess your ability to respond financially.
Attorneys send these letters before filing a lawsuit because most dog bite cases in Florida settle without going to court. The letter is an attempt to open a channel for negotiation and determine whether your coverage is sufficient to resolve the claim. In that sense, receiving the letter is actually a sign that formal litigation may be avoidable, provided the situation is handled well from the start.
What the Attorney Is Looking For
The requesting attorney typically wants to know whether you have a homeowners or renters insurance policy that includes liability coverage, what the coverage limits are, and whether any exclusions might apply. Homeowners insurance in Florida frequently covers dog bite liability, sometimes even for incidents that occur away from your home, but coverage varies by policy and carrier.
The attorney may also be assessing whether you have assets that could be reached through a judgment if your insurance coverage falls short. This is standard practice and does not mean you are being targeted beyond the scope of the incident.
Preservation of Evidence Obligations
The letter may also serve as a notice to preserve evidence. Once you receive formal notice that a claim may be made against you, you have a legal obligation not to destroy, delete, or alter potentially relevant evidence. This includes any video footage of the incident, your dog’s veterinary records, photographs of the scene, documentation of prior incidents, and any communications about the event.
Failing to preserve evidence after receiving such a notice can create legal problems for you down the road, regardless of the merits of the underlying claim.
What to Do When You Receive the Letter
The steps you take in the days immediately following receipt of the letter will shape how the situation develops. Here is what to do.
Contact Your Homeowners Insurance Company First
Your first call should be to your homeowners or renters insurance carrier. Report the incident and forward them a copy of the letter. Most policies include personal liability coverage that applies to dog bite claims, and your insurer has both the obligation and the incentive to handle the claim on your behalf.
Your insurer will assign an adjuster to the case, communicate with the claimant’s attorney, and, if a lawsuit is filed, provide you with a defense attorney at no additional cost to you. Understanding how dog bite liability insurance works in Florida before you make that call will help you have a more productive conversation with your carrier.
Consult a Dog Bite Defense Attorney
While your insurer will handle many aspects of the claim, their interests and yours are not always perfectly aligned. Insurers are focused on resolving the claim efficiently within the policy limits. If the claim is large, complex, or potentially exceeds your coverage, having your own Florida dog bite defense attorney review the situation can protect you from personal exposure and ensure your rights are fully considered throughout the process.
An attorney can also advise you on how to respond, what not to say, and whether any defenses apply to your situation. Our overview of responding to pre-suit dog bite demands in Florida explains how that process typically unfolds.
Gather Information About the Incident
While your memory is fresh, document everything you can recall about the incident: the date, time, and location; what your dog was doing and who was present; how the alleged victim was behaving before the bite occurred; whether your dog was leashed or secured; and any statements made at the scene. Also locate your dog’s vaccination records and any prior documentation of the dog’s behavior and temperament.
This information will be useful to both your insurer and your attorney as they evaluate the strength of the claim and identify any applicable defenses.
Let Your Insurer or Attorney Handle the Response
Do not respond to the letter yourself. Direct personal responses to the opposing attorney carry risk. Anything you say can be used in subsequent negotiations or litigation, and without legal guidance you may inadvertently make admissions or volunteer information that hurts your position. The response should come from your insurance company or your attorney.
Understanding Florida’s Dog Bite Law
Florida operates under a strict liability standard for dog bite injuries. Under Florida Statute 767.04, a dog owner can be held liable for injuries caused by their dog even if the dog had no known history of aggression and even if the owner had no reason to anticipate the bite.
This is significantly different from the “one bite rule” that applies in some other states. In Florida, the first bite can still result in full liability, which is why the insurance and legal process moves quickly once a claim is made.
Defenses That May Apply
Despite Florida’s strict liability framework, defenses are available. If the injured person was trespassing on your property at the time of the bite, liability may be reduced or eliminated. If the injured person provoked the dog, that conduct can reduce or bar their recovery under Florida’s comparative fault rules. Visible warning signs on your property, such as a “Beware of Dog” sign, can also affect the outcome in some circumstances.
A defense attorney can review the specific facts of your incident and identify which, if any, of these defenses apply to your situation.
How the Claim Is Likely to Resolve
After receiving your insurance information, the claimant’s attorney will typically evaluate the coverage available and the strength of the claim, then open settlement negotiations with your insurer. The majority of Florida dog bite claims are resolved at this stage, through negotiated settlements that never reach the courthouse.
If negotiations fail or the claimant’s demands exceed your policy limits, a formal lawsuit may be filed. At that point, if you have not already done so, retaining your own defense attorney becomes especially important. A lawsuit creates deadlines, discovery obligations, and litigation risks that make professional legal representation essential.
Contact Florida Civil Counsel, P.A.
Receiving an insurance request after a dog bite in Florida is a signal that the situation is moving in a legal direction. How you respond in the early stages, before a lawsuit is filed, can significantly affect the outcome.
Florida Civil Counsel, P.A. represents dog owners throughout Florida, including in Orlando, Tampa, Miami, and Jacksonville, in pre-suit negotiations and dog bite litigation. Our attorneys understand both sides of these cases and can help you navigate the process from the first letter through resolution.
Contact us today to discuss your situation and understand your options before responding to any claims.
