BALD ELM
Having a pet entails a series of responsibilities, from daily care to visits to the vet or getting their corresponding vaccinations. Hiring insurance for pets is an issue that owners are increasingly considering, both to protect the owner and the pet itself in the face of different situations that may arise, but is it mandatory to have an insurance policy?
In Spain, insuring a pet is voluntary except for potentially dangerous dogs that have to have compulsory insurance. Only in Madrid and the Basque Country, all dogs must be insured whether or not they are potentially dangerous breeds.
In our country there are around 13 million companion animals registered, of which 93% are dogs, according to data from the Spanish Network for the Identification of Companion Animals (REIAC).
State regulations only require owners of dogs of certain breeds to have civil liability insurance for damages to third parties, specifically those called potentially dangerous (PPP) because their bite can cause serious damage. In this category are, among others, the Pit Bull Terrier, Rottweiler, Dogo Argentino or Akita Inu.
The cost of a policy for a one-year-old male pit bull can be around 65 euros per year, as long as the value of the pet does not exceed 1,000 euros.
Royal Decree 287/2002, which regulates the legal regime for the possession of potentially dangerous animals, establishes that “in order to obtain or renew the license” by their owners, several requirements are required, among them, “certification of having formalized a civil liability for damages to third parties with coverage of not less than 120,000 euros”.
It should also be borne in mind that a dog can be considered PPP if requested by a veterinarian and, in these cases, the law requires it to be insured. For Luis Alberto Calvo, president of the Veterinary Collegiate Organization, it would be “appropriate to suppress the PPP category, because the aggressiveness of a dog is more related to its education and management than to its breed and genotype.”
Pet insurance includes different coverages, mainly civil liability that covers injuries or damages that may be caused to third parties, whether they are people, other animals or things. Until a few years ago, this type of insurance was part of the homeowners’ home policies. There is also health coverage, in case of illness or accident; and there is insurance with compensation in case of theft or loss.
Companies normally allow these animals to be voluntarily insured from three months to nine years of age. Keep in mind that veterinary assistance coverage cannot be contracted for animals seven years of age or older.
Madrid and the Basque Country: compulsory insurance for dogs
Despite state regulations, the communities of Madrid and the Basque Country require dog owners, whether dangerous or not, to subscribe to insurance that covers civil liability. For veterinarians “the regulations must be identical and homogeneous for all of Spain. The opposite would be inconceivable”, says Calvo.
Law 4/2016 on the Protection of Companion Animals of the Community of Madrid establishes the obligation for dogs to have civil liability insurance, even if they are not PPP, and establishes that the owner or holder of an animal will be responsible of the damages, losses and inconveniences that it may cause to people, goods and the environment in general.
For this reason, all dog owners are obliged to take out civil liability insurance, for the amount determined by regulation. In addition, when it comes to animals, whether or not they are dogs, that are classified as potentially dangerous, they must obtain the mandatory municipal license.
The Madrid law classifies as a minor infraction the lack of this insurance in dogs and in the species that are determined by regulation, with fines of 300 to 3,000 euros, being considered as responsible the holders, owners or holders of pets, as well as those people who habitually take care of their care, feeding or custody.
Civil liability covers bodily injuries, material damages and consecutive damages caused to third parties, but not those that may be caused to the owner of the pet, their partner, parents, children, grandchildren or any person who accepts their custody.
In the Basque Country, compulsory insurance for dogs is articulated in the same way as in Madrid. Its decree 101/2004 obliges its owners to take out civil liability insurance without distinguishing between breeds considered dangerous and other dogs.
The fines for not having this insurance can range from 150 euros to 15,000 euros.
Mandatory in the future regulation
The compulsory nature of insurance in Madrid and the Basque Country is serving as a model for the future law on the protection, rights and welfare of animals. In its text being processed in the Congress of Deputies, it establishes in its article 30 that “in the case of dog ownership and throughout the life of the animal, the owner must contract and maintain in force a civil liability insurance for damages to third parties, which includes in its coverage the persons responsible for the animal, for an amount sufficient to defray possible derived expenses, which will be established by regulation.”
The Ministry of Social Rights and the 2030 Agenda justifies the obligation of this insurance to harmonize the regulations since “it is currently a disparate obligation in the autonomous communities”.
The president of the veterinarians assures that despite the fact that the law “was born with notable gaps, having insurance is always positive and brings peace of mind to the owner”. However, he adds, that imposing this measure in a country with more than eight million dogs and in an uncertain economic situation “is going to be very complicated, and it will further tax dog ownership, which already has a VAT 21% in veterinary services”.
The future law will establish the need to obtain a license to keep pets, after proof of having passed a training course for this purpose, with the aim of facilitating the sociability of the animal, often conditioned by the lack of knowledge on the part of its owner in the handling and possession of animals; as well as the obligation to take out civil liability insurance for damages that their animals could cause.
Other countries in Europe
The Portuguese regulations on pets do not include the obligation to take out civil liability insurance. Since November 2019 pet owners must register their dog, cat or ferret in the Pet Information System (SIAC) and pay a fee. This registration is mandatory for all animals born or present in Portuguese territory for a period of 120 days or more.
The Portuguese Animal Law of 2019 also establishes the identification of the animal, its ownership or maintenance, as well as the mandatory health information, collecting data on its vaccinations.
In France, since December 2014, the law establishes that all dogs can travel to the Gallic country as long as they have the complete documentation that includes their vaccination, passport and they are more than three months old.
Only civil liability insurance is mandatory for dogs considered potentially dangerous, according to a law of April 27, 1999. Also, since 2010, anyone who has a dog in this category must have a license.