Regular,,,,,,THE BEST ADVICE IS THAT WHICH YOU ALREADY OFFERED.........CONSULT A LOCAL PROFESSIONAL ATTORNEY PERIOD before hanging your hat on lay opinions or even from an attorney as your local laws may well be different then say my jurisdiction .....HOWEVER, I doubt even thats needed as your own insurance company can and will handle it.
However, that being said I'm glad to toss out a few professional thoughts. I enjoy when legal questions are asked on here and reading the diverse well intentioned lay opinions.
1) The potential liability which the neighbor may or may not be responsible for DEPENDS FIRST ON THE LOCAL STATUTES AND ORDINANCES concerning say domestic animal leash requirements and fence and confinement of livestock laws etc. Absent a professional review of such, its speculative to render any worthwhile legal opinion, sorry. I can tell you this, if it were a cow that was in the road theres a much greater chance the neighbor may be liable.
2) YOU DO NOTTTTTTTTT HAVE TO DO ANYYHING AN ATTORNEY OR INSURANCE AGENT TELLS YOU, ITS WHEN A COURT ORDERS YOU TO DO SOMETHING IT GETS SERIOUS LOL. The law DOES NOT consider you liable because some insurance agent or attorney tells you if you dont reply you are guilty YEAH RIGHT (smoke and mirrors and intimidation).
3) Sounds like the driver submitted a claim with his insurance and they are trying to recoup from you or your insurer. NOWWWWW if his insurance wants info from you and files legal action there is a legal process called DISCOVERY by which they can get answers and you must provide certain info or face sanctions. Legal action is expensive and neither insurance company wants to get into all that i.e. they can much cheaper settle it amongst themselves which is what will happen unless its like a million dollar action.
4) Also there may be Comparative Fault in your jurisdiction which affects liability issues
MY ADVICE WOULD BE FIRSTTTTTTTTTTT LET YOUR OWN INSURANCE AGENT DEAL WITH HIS AGENT AND DO NOTTTTTTTTTTTTTT OFFER ANY INFO OR OPINIONS IN THE MEANTIME
If the driver was speeding and there's no domestic aninmal leash or confinement requirements I dont see the neighbor (or his insurance) having to pay a dime. But again, I cant say not having researched your laws and NOT being the fact finder, thats for a Judge or Jury to decide NOT me or you or any attorney or insurance agents.........
John T Attorney at Law in Indiana The "Country Lawyer"
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