Scenario: I picked up a passenger with a “Service Dog.” Halfway through the ride, the dog lunged from the back seat and bit my shoulder. I needed stitches. I filed an auto insurance claim, but they said, “A dog bite is not an auto accident.” I tried to sue the passenger, but they had no money.
Key Takeaways
- The Auto Insurance Denial: Auto insurance (PIP/MedPay) covers injuries arising from the “use or operation” of the vehicle. A dog bite is technically an animal attack, not a car accident. Denial is common.
- Workers’ Comp Gap: Since you are a contractor, you have no workers’ comp.
- Passenger Liability: The passenger is liable. Their Homeowners or Renters insurance is the correct policy to target (Personal Liability section).
- Uber’s Role: Uber might offer a “goodwill” payment, but generally, their auto liability does not cover animal attacks on the driver.
The “Why” (The Trap): Classification of Risk
Insurance is specific.
- Crash = Auto Insurance.
- Slip and Fall = General Liability.
- Dog Bite = Homeowners/Personal Liability.
The trap is assuming “I was driving, so auto insurance pays.” Since the car didn’t cause the injury (the dog did), the auto insurer steps out.
[IMAGE: Diagram showing the flow of liability: Dog -> Owner -> Homeowners Policy -> Driver]
The Investigation: Getting Paid
I analyzed how to recover medical costs and lost wages from a bite.
1. Filing on Auto PIP
- Strategy: Argue that the confined space of the vehicle contributed to the inability to escape.
- Success Rate: Low, but worth trying if you have a good lawyer.
2. Filing on Passenger’s Homeowners/Renters
- Strategy: You need the passenger’s full name and address.
- The Problem: Uber protects this data. You must file a police report to compel Uber to release the passenger’s identity to the police, which you can then access.
3. Optional Injury Protection (OIP)
- Strategy: If you bought the AIG/Atlantic Specialty OIP through the app, it covers “accidents occurring while online.”
- Verdict: This is the easiest payout. It usually covers dog bites because it is an “occupational accident” policy, not strict auto insurance.
Comparison Table: Dog Bite Coverage
| Policy | Covers Bite? | Difficulty |
| Auto Liability | No | N/A |
| Your PIP/MedPay | Maybe | High (Args required) |
| Passenger’s Homeowners | YES | Medium (Need info) |
| Optional Injury Prot. | YES | Low (Best option) |
Step-by-Step Action Plan
- Police Report on Scene: Call the police. You need an official report to get the passenger’s ID and for Animal Control purposes.
- Get Animal Control Involved: They will verify if the dog has rabies shots. If not, you face painful injections.
- Preserve Dashcam: Prove you did not provoke the dog.
- Target Renters Insurance: Once you have the ID, have a lawyer send a letter to their home insurance. Most policies have $100k+ for dog bites.
FAQ
Can I refuse a service dog?
Legally, no (ADA). But if the dog is acting aggressively before they get in (barking, lunging), you CAN refuse for safety.
What if it’s an ‘Emotional Support Animal’?
Uber/Lyft require you to take them too, but the law is looser. Same liability rules apply.