The new Animal Welfare Act has brought in some significant changes that affect all pet owners, especially those who have a dog for a pet. In this article, we explain why you need to have mandatory dog insurance. We’ll also tell you about the consequences of not having insurance and what happens if your dog causes any damage.
On 29 September 2023, new legislation came into force which has changed pet owners’ obligations. Now, the person responsible for them must have, by law, third-party liability insurance for pets that ensures that any damage that your pet causes to other people is compensated for. However, this aspect will come into force once regulations have been drafted, which is why previous rules regarding potentially dangerous dogs, known as PPP (perros potencialmente peligrosos), remain in force.
It is also not the only measure now applicable as a result of the Animal Welfare Act. Dogs, cats and ferrets have been included in the so-called positive list, a group of species classed as pets from now on. However, the regulatory framework surrounding many other animals is now much stricter. So, for example, invasive exotic species will no longer be allowed to be kept at home, or even in captivity, even though previous regulations did allow this.
Animal breeding by unauthorised individuals is also banned. In fact, doing so is punishable by a fine of up to 200,000 euros as this is classed as a very serious breach. Vets will not be able to put down pets unless there is no alternative treatment and only if the animal is suffering.
Finally, one other change in the new legal text is that all dog owners must take part in a training course, although how this should be done, and what the timeframe should be, has yet to be outlined.
Third-party liability insurance for dogs covers three main areas:
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Damage to third parties. This section includes any situations in which the animal causes injury or accident to third parties.
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Damage to property. Damage to assets belonging to other people, such as furniture, vehicles or gardens, is also covered.
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Legal expenses. Pet insurance also covers costs linked to any legal proceedings in which the dog may be involved.
In addition to insurance policies that only cover third-party liability, there are more comprehensive policies available, including one that we offer at SegurCaixa Adeslas, with additional guarantees such as payouts in the event of the animal’s death, due to accident or illness, compensation if your pet is stolen, and cover for veterinary care.
Here is an example of a case that is covered by this kind of policy:
Imagine that your dog is playing in the park with other animals, but it suddenly sees a cat and runs after it. While chasing the cat, the dog runs in front of a cyclist, and the cyclist falls and is knocked to the ground. Their bicycle is also seriously damaged by the impact of the dog. The cyclist then has to be transferred by ambulance and sues you for what happened. The third-party liability insurance for pets will cover the third-party liability damage and will pay for the cyclist’s medical expenses, as well as their bicycle. As the owner, you will receive legal assistance and you will not need to pay for the legal expenses.
We have already explained what third-party liability insurance covers, but we haven’t yet delved into what this kind of policy excludes. Let’s take a look at some of the most common examples:
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Some policies do not cover accidents that take place when whoever is looking after the animal is not the policy holder and, as far as potentially dangerous dogs (PPP) are concerned, you may receive a penalty. However, our pet policies cover the owner, handler or anyone legitimately guarding the animal.
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Excluded are people who look after the animal, damage or loss caused by the animal’s illness, as well as pain and suffering or anything that is not material or personal. Cover for these aspects can also be taken out if you want to.
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Intentional damage. If an accident has been caused intentionally by the owner, this will not be covered by the policy.
If you do not have third-party liability insurance for dogs, but you do have a home insurance which includes family third-party liability insurance, you can substitute it for that. At SegurCaixa Adeslas, we cover both the holder and the rest of the family members who permanently reside in the insured home as well as anyone who, either circumstantially or permanently, looks after, supervises or guards the animal, despite not being the policy holder. We also offer unlimited policies for potentially dangerous dogs for the maximum number of animals covered by this guarantee.
If you have another pet, you should first ensure that it is, at least, covered in terms of the legal requirements, as otherwise this would not be enough. However, what’s best is to have a specific insurance policy to ensure that your pet meets all the requirements passed in the Animal Welfare Act. Otherwise, you could be liable to one of the penalties set out in the regulations, which can reach up to 10,000 euros.
Also, if you do not have third-party liability insurance, you alone will be responsible for compensating all the damage caused by your pet. And if you need to attend legal proceedings, you will also pay defence expenses in full.
Despite the situation being unpleasant, you need to remain calm. If anyone has been injured, what’s essential is to call for medical assistance urgently. Once the situation is under control, gather the contact details of all those involved and take photographs of any damage that the animal has caused.
Your insurance provider must be made aware of what happened, so you need to contact them as quickly as possible. And if the police question you or demand that you come to the police station, it’s best that you cooperate with their investigation. If all the documentation is in order, your policy will protect you from any claims.
Third-party liability insurance for pets will help you meet the new legislation in force. It also gives you important benefits if there has been any damage to a third party.
Frequently asked questions
Mandatory pet insurance is specifically designed to cover events caused by the animal. Any other policy that you take out, such as home insurance, will not give you the same protection even though some aspects many be similar.
Even though the mandatory minimum amount for potentially dangerous dogs is 120,000 euros nationally (some regions may have higher minimums), at SegurCaixa Adeslas we want to guarantee your peace of mind and we cover all our third-party liability pet insurance policies up to 200,000 euros nationally.
Of course. At SegurCaixa Adeslas, we offer a fully-comprehensive policy which includes veterinary care. We cover a network of over 400 vets all over Spain, a 24-hour emergency service and many other benefits in the policy. You won’t need to pay anything to vaccinate against rabies or for pet check-ups and there are also significant discounts for many treatments and surgeries. In fact, neutering, compulsory under the new law, will also be much cheaper if you choose this policy.