Why You Should Not Speak to the Dog Owner’s Insurance Company

If you or your loved one has been injured in a dog attack in Tennessee, you may receive a phone call within days—or even hours—of the incident from the dog owner’s insurance company. These calls often sound friendly and helpful, but they are not designed to serve your best interests. At The Law Offices of John Day, P.C., we routinely advise injured victims across Nashville, Davidson County, Brentwood, Murfreesboro, and beyond not to speak directly to the insurance company representing the dog owner. Instead, allow an experienced legal team to handle all communications on your behalf.

With offices strategically located throughout Middle Tennessee, our firm is well positioned to advocate for dog bite victims and ensure that your legal rights are protected from the outset. We encourage you to contact us directly at (615) 742-4880 to schedule a free and confidential consultation.

The Role of the Insurance Company: Whose Side Are They On?

In most dog bite cases, the animal’s owner is covered under a homeowner’s or renter’s insurance policy. These policies typically include liability coverage for injuries caused by pets. Once the insurance carrier is notified of a bite, they open a claim and assign an adjuster to handle it. The adjuster’s job is to resolve the claim as quickly and inexpensively as possible—for the benefit of their insured client, not for you.

It is important to understand that even though the adjuster may speak politely or express concern about your injuries, their ultimate responsibility is to the policyholder and their company’s bottom line. They are trained to gather information that can reduce or deny the value of your claim. This is not an adversarial stance in theory—it is a commercial reality. The sooner you involve a lawyer, the better protected you will be.

Tennessee’s Legal Framework for Dog Bite Claims

Tennessee law imposes liability on dog owners under Tennessee Code Annotated § 44-8-413, known as the “Donna Acklen Act.” Under this statute, a dog owner can be held strictly liable if their dog injures someone in a public place or on private property where the injured person was lawfully present, so long as the dog was not under reasonable control or securely confined. However, this law includes several exceptions, such as if the bite occurred on the owner’s residential property or if the dog was provoked.

In situations where strict liability does not apply, injured parties may pursue a claim based on negligence or negligence per se. These cases often require detailed proof of the dog owner’s knowledge of the animal’s dangerous tendencies or failure to control the dog in accordance with local leash laws or ordinances.

The burden of proving these legal elements should not fall on you while you are also recovering from an injury. Unfortunately, the insurance company may attempt to shape your statements to suggest that your injuries were caused by your own actions, that you provoked the dog, or that you were trespassing. This is why speaking to them without representation is not only unwise—it can be detrimental to your case.

How Insurers Use Your Statements Against You

When you are contacted by the dog owner’s insurance company, the representative may ask if they can record your statement. While this may seem like a routine formality, every word you say is being carefully evaluated. They may ask leading or vague questions such as, “Did you approach the dog?” or “Were you petting the dog at the time?” or “Had you met the dog before?” These questions are not benign—they are designed to elicit answers that might later be used to argue that the dog was provoked or that you accepted the risk of being near the animal.

Even seemingly harmless answers can be twisted out of context. For example, if you say, “I didn’t think the dog would bite me,” the insurer may claim that you were aware of a potential risk and voluntarily accepted it. If you indicate that you were near the dog’s food or startled it, they may argue that the dog reacted defensively rather than aggressively.

Once recorded, your statements become part of the official claim file. If your case proceeds to trial, those statements can be admitted into evidence and used to undermine your credibility. Even if your injuries are serious, early statements taken without legal guidance can weaken your claim.

You May Not Yet Know the Full Extent of Your Injuries

Another reason to avoid speaking with the insurance company early in the process is that you may not yet know the full impact of the injury. Dog bites can result in more than just immediate trauma. Infections, nerve damage, muscle injury, and disfigurement may take time to develop or be properly diagnosed. You may need additional surgeries, such as scar revision or reconstructive procedures. Emotional injuries, including anxiety, post-traumatic stress disorder (PTSD), or a lasting fear of dogs, are also common and may require months of therapy.

If you speak with an insurer soon after the attack and state that you “feel okay” or that you think the injury is “not too bad,” those remarks may later be used to argue that your pain and suffering are exaggerated or that the medical care you received was unnecessary. This is particularly troubling if your condition worsens over time or if new symptoms emerge. Statements made too early in the recovery process rarely reflect the full picture.

The Insurance Company May Pressure You to Settle Quickly

Once a claim is opened, some insurers may offer a quick settlement in exchange for a full release of liability. These offers often come with the promise of fast payment and little paperwork. While it may be tempting to accept a quick check, particularly if you are facing medical bills, lost wages, or emotional stress, doing so can cause you to forfeit your legal right to fair compensation.

Fast settlements rarely account for future treatment, ongoing pain, or lasting effects such as scarring or trauma. Once you accept a settlement and sign a release, you cannot return and ask for more money later—even if your injuries prove to be more serious than initially understood. By retaining legal counsel, you gain the ability to fully evaluate your damages before entering any negotiations. Our firm routinely calculates the long-term costs of treatment and recovery before demanding fair compensation.

Preserving Your Rights Through Legal Representation

When you hire The Law Offices of John Day, P.C., we immediately assume responsibility for all communications with the insurance company. We notify the insurer that we represent you and direct them to speak with our firm only. This ensures that your rights are preserved and that no statements are made that could jeopardize your claim.

Our team gathers all relevant evidence, including medical records, witness statements, photographs, and veterinary history of the dog. We investigate whether the dog has previously shown aggression and examine compliance with local ordinances. Once we have compiled a full and accurate picture of the incident and its consequences, we present your claim to the insurance company along with a detailed demand for compensation.

Because we understand the tactics insurers use, we are prepared to counter attempts to delay, deny, or devalue your claim. If the insurer refuses to negotiate fairly, we are fully prepared to file suit and litigate aggressively. The insurance companies know which firms are willing to go to court—and that often affects the way your case is treated from the start.

Statutory Time Limits for Legal Action

In Tennessee, dog bite cases are generally subject to a one-year statute of limitations under Tennessee Code Annotated § 28-3-104. This means you must file a lawsuit within one year of the date of the injury or you may lose your right to pursue compensation. Insurance companies are aware of this deadline and may attempt to delay communications until the time to sue has expired. By securing legal representation early, you avoid this risk and ensure that your claim is protected under the law.

You Have Nothing to Lose—and Everything to Gain—by Speaking With an Attorney First

At The Law Offices of John Day, P.C., we offer free initial consultations for dog bite victims and their families. During your consultation, we will review the facts of your case, explain your legal rights, and help you understand what to expect moving forward. We handle dog bite claims on a contingency fee basis, which means you pay nothing unless we recover money for you. We also advance all litigation costs, so there is no financial risk to getting started.

Our offices in Brentwood, Nashville, and Murfreesboro allow us to serve clients across Middle Tennessee quickly and efficiently. Whether the dog bite occurred in a public space, a residential neighborhood, or even on private property, we are prepared to provide the guidance and legal representation you need.

How Our Firm Protects Dog Bite Victims

Our legal team brings more than 80 years of combined experience in handling personal injury matters. We provide each client with personalized service, responsive communication, and clear explanations of legal strategies. When we take on a case, we commit the full resources of our firm—including investigators, medical consultants, and trial lawyers—to secure the compensation our client deserves.

Dog bites can cause lasting harm. They often involve children, facial injuries, scarring, and emotional trauma. The long-term consequences are not always visible. We work with medical professionals, mental health experts, and financial analysts to fully understand the value of each claim. Our goal is to ensure that our clients are not shortchanged by an insurance company looking to close a file quickly and cheaply.

Contact Us Before You Speak to the Insurance Company

The Law Offices of John Day, P.C. encourages you to contact us before having any conversation with the dog owner’s insurance provider. Your case deserves careful attention and protection. Let us be your voice, your advocate, and your shield.

We can be reached at (615) 742-4880 or through our website at www.johndaylegal.com. Our offices in Brentwood, Nashville, and Murfreesboro are conveniently located to serve clients throughout the region.

Do not risk your case by going it alone. Do not give a statement that could be misinterpreted or used against you. Contact our team and take the first step toward protecting your rights and securing the compensation you need to move forward.