How does the pet traffic accident compensation process work?

ImmunityQ&AMeongsiljang Veterinary Advisory Board

We’ve outlined the entire process for claiming veterinary treatment costs and compensation from the at-fault party or their insurance company after your pet is involved in a traffic accident. This guide covers all the essential points you need to know, from gathering evidence to reaching a settlement.

How pet traffic accident compensation is handled

A guardian checking on their dog at the scene of an accident

Pet traffic accident compensation is the process of claiming veterinary treatment costs and emotional distress damages from the at-fault driver or their insurance company when a pet is injured or killed in a traffic accident. The most critical step is securing evidence at the accident scene. First, gather dashcam footage, CCTV recordings, photos of the accident, and contact information for any witnesses. Then, immediately take your pet to a veterinary clinic to obtain a medical diagnosis, and file a claim with the at-fault party’s insurance company. Although pets are legally classified as property, recent court rulings have recognized compensation for both veterinary expenses and emotional distress.

What to do in the first 30 minutes after an accident

Your response immediately after an accident directly affects the compensation amount. If you verbally agree with the perpetrator at the scene while emotionally agitated, it becomes difficult to claim additional treatment costs later. First, check your pet’s condition, secure evidence, and then head to the hospital. If the circumstances of the accident are unclear, call 112 or report the traffic accident first to create an official record. However, animals involved in traffic accidents may be severely injured or become excited due to pain or fear, potentially biting people, so it’s important to safely restrain them before handling. Emergency veterinary textbooks also emphasize that for trauma patients, it’s crucial to first assess airway, breathing, and circulation (ABC) and quickly stabilize the patient, as this significantly impacts the prognosis.

Never agree to a verbal settlement at the scene

In many cases, the at-fault party may offer to settle on the spot by paying cash for medical expenses. However, signing a settlement agreement or accepting money at this stage will prevent you from claiming additional treatment, surgery, or compensation costs later. Animals involved in traffic accidents may appear fine on the surface but could have severe internal injuries. It is difficult to assess their condition based solely on minor skin bleeding, so a thorough veterinary examination, including checks of respiration and circulation, is essential. Therefore, always reach a settlement only after a veterinary diagnosis and the completion of treatment. At the scene, simply exchange contact information and insurance details.

Checklist of evidence you must secure

If evidence is insufficient, the insurance company may increase the fault percentage or reduce compensation. Be sure to collect the following items as completely as possible: - Black box footage: You can request footage from both the at-fault and victim vehicles. - CCTV footage: Surveillance videos from nearby shops or parking lots are typically deleted within 1–2 weeks, so request them promptly. - Scene photos: Take pictures from multiple angles showing your pet’s condition, vehicle positions, and skid marks. - Witness contact information: Obtain names and phone numbers, as these can be used in witness statements. - Photos of leash and identification tags: These help determine whether the owner fulfilled their duty of care.

Collecting evidence at the scene of an accident

Comparison of three compensation claim channels

Item	Offender's Auto Insurance	Personal Liability Insurance	Civil Lawsuit
Claim Target	Property damage liability of the at-fault vehicle	Offender's daily life liability insurance	The offender personally
Processing Period	2–8 weeks	3–6 weeks	6 months–1 year
Consolation Money Recognized	Limited	Nearly impossible	Recognized by precedent
Treatment Cost Limit	Within property damage limit	Within policy limit	Actual amount of damages
Recommended Situation	General traffic accident	Pedestrian negligence accident	Settlement breakdown / fatal accident

As of 2025, detailed conditions may vary depending on each insurer's terms and conditions.

You can also receive emotional distress compensation in addition to medical expenses

Although pets are legally classified as property, South Korean courts have consistently awarded compensation for owners’ emotional distress since a 2013 precedent set by the Seoul Central District Court. Typically, compensation ranges from $200 to $1,000 for injuries and from $700 to $4,000 for fatalities, based on prevailing case law. However, these amounts may be significantly reduced if the owner is found at fault, such as for failing to use a leash or allowing the pet to jaywalk. Please note that costs for cremation, burial, or purchasing a replacement pet are generally not covered.

Preparing documents to claim compensation for emotional distress.

Documents to submit when filing a claim with the insurance company

Once you file a claim with the at-fault party’s insurance company, a claims handler will be assigned and request the following documents. The sooner you submit them, the faster your reimbursement will be processed. - Diagnosis and treatment records: Original copies issued by the veterinary clinic, including the disease code - Treatment receipts: Both credit card and cash receipts are accepted - Hospitalization confirmation: Required if your pet was hospitalized for treatment - Incident report: Completed by the pet owner, detailing the time, location, and circumstances of the incident - Copy of registration certificate: The animal registration certificate serves as proof of ownership - Photos and video footage: Submit via USB drive or cloud storage link

How fault percentages are determined

It is rare for a pet owner to bear no responsibility at all. For instance, if the dog is not wearing a leash, the owner may be assigned 30–50% fault; if the dog crosses outside a designated crosswalk, 20–40% fault; and if the dog enters the roadway at night, 10–30% fault may be attributed to the owner. Conversely, if the at-fault vehicle was speeding or ran a red light, the owner’s liability will be significantly reduced. Do not immediately accept the insurance company’s initial fault assessment—instead, request a review using dashcam or CCTV footage.

Three things to check before settling

Don’t rush to settle immediately after treatment ends, as you may lose the right to claim compensation if complications arise later. Before signing any settlement agreement, be sure to check the following three points: - Confirmation of treatment completion: Verify that your veterinarian has officially stated that treatment is complete. - Potential for residual effects: Recovery from fractures or nerve damage varies by patient, so it’s important to monitor progress over a sufficient period. - Settlement agreement wording: If the agreement includes a clause stating “no future civil or criminal objections will be raised,” request that it be revised. If you’re unsure, consider consulting a lawyer who specializes in animal-related legal issues.

A pet owner consulting with a veterinarian

Reviewed by a veterinarian

Dr. Tony — Punnawat Phongkittirak

Veterinarian

A veterinarian who majored in veterinary medicine at Khon Kaen University, Thailand, and completed the IVSA program at North Carolina State University in the United States. Drawing on clinical experience at animal hospitals, he works in the pet healthcare field and is dedicated to building a digital care environment that connects pet parents with veterinarians.

Frequently Asked Questions

What should I do if the party responsible for the injury doesn’t have insurance?

You’ll need to file a claim directly with the at-fault party. If they refuse to pay, you can apply for a payment order or pursue a small-claims lawsuit (for amounts up to $21,000). If the at-fault party is insolvent, recovering the money can be difficult, so it’s important to verify their ID and address right after the incident.

Can I receive compensation for a hit-and-run accident?

If the vehicle responsible for a hit-and-run cannot be identified, it can be difficult to receive compensation. However, if you have a personal liability insurance policy for daily life or a pet insurance policy with an injury rider, some of the medical expenses may be covered. Be sure to report the incident to the police.

What is the standard for calculating compensation in the event of a pet’s death?

In legal precedents, compensation for death is typically awarded in the range of $700 to $4,000. The exact amount varies depending on the length of time the pet lived with its owner, the emotional distress suffered by the owner, and the degree of intent or negligence on the part of the responsible party. Cremation costs are often not separately recognized.

If a stray cat is involved in an accident, who is responsible for filing a claim?

Since stray cats have no owner, there is typically no party entitled to file a civil claim. However, if a registered cat caretaker or animal welfare organization has covered the veterinary costs, some court rulings have allowed for reimbursement of actual expenses. In cases of animal abuse, you may also file a separate criminal complaint.

Does having pet insurance mean I’ll automatically get reimbursed?

Pet insurance is separate from third-party liability coverage. You can first receive reimbursement for veterinary expenses through your pet insurance policy, and then file a separate claim with the at-fault party’s insurer. However, double recovery is not permitted, so subrogation procedures will be carried out between the insurance companies. Be sure to review your policy terms in advance.

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References

[1] Shawcross G., The Road Traffic Accident, 100 Top Consultations in Small Animal General Practice, Ch.77

[2] 민법 제750조(불법행위의 내용) 및 제763조(손해배상 청구)

[3] 자동차손해배상 보장법 제3조(자동차손해배상책임)