Dog damages car- owner refuses to repair

barney 20v

Hi all, I was heading into my local town on Saturday with my partner and kids and my car was damaged on the passenger side door by a dog running loose on the road.
I had pulled in to let two women out walking get passed safely and the dog ran out from a house and scratched the car all the way through the paint to the metal.
I went straight back the house the dog came from and spoke to the owner.
She flat denied that her dog had damaged the car and told me i could not prove a thing and to basicly p##s off!
I tried to calmly reason with her and get it sorted/agreed upon there and then but she told me to leave so i did.

I found the two women who i had stopped for and one of them said she would make a statement as she saw the dog hit my car.

So the next step was go to the gardai.
they took my statement and followed me out to the address in another effort to sort it out in a reasonable manner.
Long story short, the lady refuses to conceed her dog did the damage and the Gardai have advised me to go get quotes for repairs and also to contact a soicitor...
Has anyone been in a similar position or has anyone got advice?
I really do not want to take her to court but the damage is fairly extensive and it is through no fault of my own!
any advice welcome!
ps the car is a 2001 Impreza

OldmanMondeo

Stick a solicitor on her

Topper Harley

Follow the Garda's advice and go get quotes for repairs and contact a solicitor.

The fact that you have an independent third party witness should help.

MugMugs

Topper Harley wrote: »

The fact that you have an independent third party witness should help.

If they stick to it as they sound local.

if you're comp you could run this through your insurance and get them to recover for you.

dgt

Would that woman be so brass necked if her dog came out and attacked a child?

Clean her for what shes worth, she sounds like shes totally careless with animals. People like that make my blood boil :mad:

kildare.17hmr

How does a dog scratch a car that bad? More info please!

MugMugs

kildare.17hmr wrote: »

How does a dog scratch a car that bad? More info please!

I'm thinking a collar?

Shane Fitz

Civil suit, citing Control of Dogs Act? Solicitor would best advise. Did the Gardai take info/statement from the witness?

kildare.17hmr

Antares wrote: »

kildare.17hmr wrote: »

How does a dog scratch a car that bad? More info please!

I'm thinking a collar?

Im thinking that too but id like to hear what the op says because it sounds odd to me that a dog would run along rubbing off the car that hard.

If the op is genuine the dogs owner is fully responsible

Henry Ford III

She'll probably lose the case, but claim inability to pay.

pcbscott

Solution: Stop whinging and get over it?

jameshayes

dog nails are quite sharp!!

Stallingrad

pcbscott wrote: »

Solution: Stop whinging and get over it?

Is that what you would do if someone/something damaged your car?

OldNotWIse

Hows the dog?

And how did he manage to damage the car?

OldNotWIse

jameshayes wrote: »

dog nails are quite sharp!!

...and also at the end of their paws - I can't figure out how the car got scraped by the dog running alongside it, unless he managed to defy gravity and run like...sideways along the car.

pcbscott

Stallingrad wrote: »

Is that what you would do if someone/something damaged your car?

If the owner came out and kicked my car personally then no, obviously.

But holding the owner accountable based on the actions of an animal. Sorry I would let it go.

Mitch Connor

pcbscott wrote: »

If the owner came out and kicked my car personally then no, obviously.

But holding the owner accountable based on the actions of an animal. Sorry I would let it go.

The animal shouldn't be given free range in public, it should be controlled and it is the responsibility of the owner to ensure this. The dog damaging the car is the fault of the owner.

kildare.17hmr

pcbscott wrote: »

Stallingrad wrote: »

Is that what you would do if someone/something damaged your car?

If the owner came out and kicked my car personally then no, obviously.

But holding the owner accountable based on the actions of an animal. Sorry I would let it go.

The law on this is very clear that the owner is responsible, the dog should not have been out running accross the road. If you knock a dog down and damage your car they legally have to pay for the repairs.

From what the op said so far tho i fail to see how the dog damaged the car

Topper Harley

pcbscott wrote: »

If the owner came out and kicked my car personally then no, obviously.

But holding the owner accountable based on the actions of an animal. Sorry I would let it go.

I'm sure that would depend on the severity of the damage. Why should someone have to pay out hundreds of euro just because someone else couldn't be bothered to mind their animal enough not to damage people's cars.

Kenny Logins

Antares wrote: »

I'm thinking a collar?

I'm thinking chain flying about with a great big peg on the end of it. ...like on Tom and Jerry.

hadook

I have a pretty hefty dent in the side of my car from my Dane running headfirst into it once and even I'm having trouble trying to picture how a dog managed to damage a car right back to metal.

Are you sure it wasn't just a coincidence OP, that it was scratched before and you didn't notice? If the dog did do it then I'd expect the owner to pay up.

Stallingrad

pcbscott wrote: »

But holding the owner accountable based on the actions of an animal. Sorry I would let it go.

How about this scenario (which happened to me), you pull into the driveway to visit someone, their dog bounds out to greet you, leaps up against the driver door and scratches the crap out of it. Would you not expect the owner to pay for the damage?

bkehoe

My car with silver paint has been scratched by a dog jumping up at it and scraping its claws down the door. Gone all the way to the undercoat. Much worse than any scratch I've ever got from briars or bushes on country ditches.

pcbscott

Stallingrad wrote: »

How about this scenario (which happened to me), you pull into the driveway to visit someone, their dog bounds out to greet you, leaps up against the driver door and scratches the crap out of it. Would you not expect the owner to pay for the damage?

No I just would not! Personally. Life is to short to go round making petty like this claims against each other. Like I said I would just get over it.

Stallingrad

pcbscott wrote: »

No I just would not! Personally. Life is to short to go round making petty like this claims against each other. Like I said I would just get over it.

Well good for you, if I had an errant dog I'd be most grateful for your tolerance! But I don't see it as petty, the repair could cost the OP €100's and I would most certainly expect the culprits owner to pay.

Veloce

pcbscott wrote: »

Stallingrad wrote: »

How about this scenario (which happened to me), you pull into the driveway to visit someone, their dog bounds out to greet you, leaps up against the driver door and scratches the crap out of it. Would you not expect the owner to pay for the damage?

No I just would not! Personally. Life is to short to go round making petty like this claims against each other. Like I said I would just get over it.

It's great see you have such a passive attitude. The OP should not suffer the loss because of someone else's negligence. Damn right the owner of the canine should be pursued for compensation for the damage caused.

OldNotWIse

Stallingrad wrote: »

Well good for you, if I had an errant dog I'd be most grateful for your tolerance! But I don't see it as petty, the repair could cost the OP €100's and I would most certainly expect the culprits owner to pay.

But "errant" on their own property as opposed to errant on the street? I mean, if you tripped over a broken piece of cobble stone or something in their garden and required hospitalisation would you sue for medical expenses?

username123

pcbscott wrote: »

No I just would not! Personally. Life is to short to go round making petty like this claims against each other. Like I said I would just get over it.

Id probably just get over it too but my car isnt worth very much and already has plenty of dents and scratches. Some people are more precious about their cars than I am or you are.

At the end of the day, if someones dog jumps up and scratches the door of your car you are as entitled to go after them for the price of it as you would if they stood there with a key scratching it themselves.

I really dont know why so many people cannot fathom how the dog scratched the car, the OP said he was pulled in and the dog ran out from a house and scratched the car. Is it not clear that it was the dogs nails?

OP - follow the guards advice, contact a solicitor.

keithclancy

I think its a bit mad in Ireland the way people just leave dogs roaming around the place, reminds me a bit of Indonesia, dogs roaming around neighborhoods, or outside peoples houses without being contained or tied up.

Over here, you keep your dog controlled either with a lead or through training.

Whatever that guy said about dogs being able to do what they want, heres the law:

http://www.citizensinformation.ie/en/environment/animal_welfare_and_control/control_of_dogs.html

Anyway, if it happened to me, first thing i'd do is call the Dog warden, a dog not under control is a stray dog, they'll take it away and issue a fine.

The owner will change nothing unless there is action.

Topper Harley

OldNotWIse wrote: »

But "errant" on their own property as opposed to errant on the street? I mean, if you tripped over a broken piece of cobble stone or something in their garden and required hospitalisation would you sue for medical expenses?

According to the OP, the dog was running loose on the road.

I'd have some sympathy for an owner who's dog had gotten out of its collar or escaped a garden and caused damage but I have none whatsoever when the owner just lets the animal roam where ever it wants. They are surely aware of the dangers, both to the animal and to others, of not properly controlling the animal. It's inconsiderate and they absolutely should be held responsible.

tossy

Barney the dog attacked you because you drive a Subaru,if you still drove the GTI you'd have been fine.

I'm going out on a limb here and assuming you are the same Barney that used to own a mk4 GTI and work in Newbridge,other wise major fail on my behalf

OldNotWIse

Topper Harley wrote: »

According to the OP, the dog was running loose on the road.

I'd have some sympathy for an owner who's dog had gotten out of its collar or escaped a garden and caused damage but I have none whatsoever when the owner just lets the animal roam where ever it wants. They are surely aware of the dangers, both to the animal and to others, of not properly controlling the animal. It's inconsiderate and they absolutely should be held responsible.

I know the dog was on the road, I was responding to a post pertaining to an incident where the dog was running loopy in his own garden. (22)

MugMugs

OldNotWIse wrote: »

if you tripped over a broken piece of cobble stone or something in their garden and required hospitalisation would you sue for medical expenses?

Umm, you can and they are insured for that under the Household Insurance.

Stallingrad

OldNotWIse wrote: »

I mean, if you tripped over a broken piece of cobble stone or something in their garden and required hospitalisation would you sue for medical expenses?

No, I should have been watching were I was going. Never would happen though, I have dodgy paving at my house so have cat like reflexes.

What would you do if their 2 year old threw a stone at your car damaging it? Or a few stones, then wrote his name on the door? The poor kid doesn't know any better...

kildare.17hmr

username123 wrote: »

I really dont know why so many people cannot fathom how the dog scratched the car, the OP said he was pulled in and the dog ran out from a house and scratched the car. Is it not clear that it was the dogs nails?.

no its not clear at all, thats why i asked for more info.

Topper Harley

Stallingrad wrote: »

No, I should have been watching were I was going. Never would happen though, I have dodgy paving at my house so have cat like reflexes.

What would you do if their 2 year old threw a stone at your car damaging it? Or a few stones, then wrote his name on the door? The poor kid doesn't know any better...

I actually had a knock at my door a few years ago from a man who's kid had hit my car on his bicycle and had left a mark.

He asked me to come out and check it. The mark was just a bit of rubber from the tyre and rubbed off easily but I thought it was very decent and honest of the father to bring it to my attention and take responsibility rather than just fucking off like many people would and leave the car owner to clear up the mess they created.

OldNotWIse

Antares wrote: »

Umm, you can and they are insured for that under the Household Insurance.

Um...I know you can, I asked would you? I wouldn't. I think it's disgusting that we have such a claim culture here.

Our man in Havana

If the OP does put this thru his comp insurance there is a fair chance the insurance company will never recover the money from the dog owner so bye bye NCB.

If you sue the dog owner you may well win but is it worth it to be paid at €5 a month?

Topper Harley

OldNotWIse wrote: »

Um...I know you can, I asked would you? I wouldn't. I think it's disgusting that we have such a claim culture here.

I personally wouldn't, but that's because any expenses I might incur through injury would be covered by my own health insurance. If I didn't have this though and it was something costly enough (and what medical expenses aren't), I have to say I probably would. But not in a "I'm gonna take you for everything you're worth" way, more of a "this could cost me a bit, can I claim it off your home insurance" way.

And on that note, is it possible that what the dog did to the OPs car could be covered under the owners home insurance or pet insurance?

Although it's unlikely that someone who doesn't take much care of their dog would actually have pet insurance.

barney 20v

tossy wrote: »

Barney the dog attacked you because you drive a Subaru,if you still drove the GTI you'd have been fine.

I'm going out on a limb here and assuming you are the same Barney that used to own a mk4 GTI and work in Newbridge,other wise major fail on my behalf

Indeed i am! i should have clarified earlier , the dog ran out and spooked the two ladies forcing them out into the traffic, i stopped to let them pass by and the dog ran back towards them and my car and swiped the lower part of my passenger door leaving two marks in the paint- all the way to the metal... i didn't hit the dog.. he hit me! i am going to get estimates on thursday friday but the garda told me best bet is to get a soilitor.
Oh just to clarify i am a not an animal hater! its not the dogs fault its his owners!
And this dog is constantly chasing passing traffic and generally being a pain in the swiss roll, so after a bit of consideration i rang the dog warden and asked him to do something about it before he creates an accident and someone gets hurt.
The dog warden agreed that it is dangerous but i told him not to take the dog, but try to get the owner to be more responsible

kildare.17hmr

So it was his claws then yeah?

Topper Harley

barney 20v wrote: »

Indeed i am! i should have clarified earlier , the dog ran out and spooked the two ladies forcing them out into the traffic, i stopped to let them pass by and the dog ran back towards them and my car and swiped the lower part of my passenger door leaving two marks in the paint- all the way to the metal... i didn't hit the dog.. he hit me! i am going to get estimates on thursday friday but the garda told me best bet is to get a soilitor.
Oh just to clarify i am a not an animal hater! its not the dogs fault its his owners!

So not only did the dog damage your car it was terrorising pedestrians. That's not on. The owner needs to cop on and take some responsibility.

I would think that this will also ensure that the woman who has said she'll give a statement to the Gardai will indeed do this as she's probably none to pleased with the dog owner either.

barney 20v

kildare.17hmr wrote: »

So it was his claws then yeah?

Yep according to the lady who witnessed it.. i just heard that soul destroying
screech of paint being removed against its will.

barney 20v

Topper Harley wrote: »

So not only did the dog damage your car it was terrorising pedestrians. That's not on. The owner needs to cop on and take some responsibility.

I would think that this will also ensure that the woman who has said she'll give a statement to the Gardai will indeed do this as she's probably none to pleased with the dog owner either.

The dog is a big old cross breed thing and more intimidating than aggressive , it usually chases after cars and kind of bounds round out of control. it had no leash or collar.

MugMugs

OldNotWIse wrote: »

Antares wrote: »

Umm, you can and they are insured for that under the Household Insurance.

Um...I know you can, I asked would you? I wouldn't. I think it's disgusting that we have such a claim culture here.

So blatant negligence inflicting severe injury shouldn't end with compensation?

mikom

What kind of parkour maneuver was the dog carrying out that he managed to scratch a car with his claws as he ran past?

Delancey

mikom wrote: »

What kind of parkour maneuver was the dog carrying out that he managed to scratch a car with his claws as he ran past?

+ 1 , this thread is not making sense . Any photos OP ?

keithclancy

mikom wrote: »

What kind of parkour maneuver was the dog carrying out that he managed to scratch a car with his claws as he ran past?

Very easy, he runs along side the car and goes spastic trying to jump through the invisible shield that he can see the op through.

While trying to jump up with his claws he makes shíte of the paintwork.

ytpe2r5bxkn0c1

I wish to jeez the OP would explain how a dog running by scratched a car so badly. He'd want to explain an awful lot better if he takes it to court.

mikom

keithclancy wrote: »

Very easy, he runs along side the car and goes spastic trying to jump through the invisible shield that he can see the op through.

While trying to jump up with his claws he makes shíte of the paintwork.

Don't see that here......

barney 20v wrote: »

the dog ran back towards them and my car and swiped the lower part of my passenger door leaving two marks in the paint- all the way to the metal

Bearcat

Do you have a Reliable witness OP? Otherwise your p!ssin in the wind here.....solicitors letter or not....it's her word versus yours.