Hit a dog

kevgaa

Hi folks,

I had the misfortune of hitting a dog over the weekend.

The dog was been put into a car by the owner and it bolted across the road in front of me. I didn't have a chance to avoid the dog and the owners first words to me when i stopped was "its wasn't your fault."

The dog requires an operation and there is a bit of damage to my car which I wont be able to get assessed till tomorrow.

I'm 100% sure that the dog owner is liable for all damages to the car and dog but the owner is accepting that they are liable for the car damage but are saying it will be cancelled out by vet bills.

I was just wondering if somebody could clarify the legal position for me.

Thanks
Kev.

aaakev

Its all on them no matter what they say. Report it to the guards as soon as you can get into the station and send them the bill for the car, do t pay anything towards the vet as its not your fault or responability

michael999999

Dog owner is responsible for all the bills!

Alanstrainor

kevgaa wrote: »

Hi folks,

I had the misfortune of hitting a dog over the weekend.

The dog was been put into a car by the owner and it bolted across the road in front of me. I didn't have a chance to avoid the dog and the owners first words to me when i stopped was "its wasn't your fault."

The dog requires an operation and there is a bit of damage to my car which I wont be able to get assessed till tomorrow.

I'm 100% sure that the dog owner is liable for all damages to the car and dog but the owner is accepting that they are liable for the car damage but are saying it will be cancelled out by vet bills.

I was just wondering if somebody could clarify the legal position for me.

Thanks
Kev.

You are not liable. Cancelled out by vet bills my hole.

CiniO

Is it that when collision between vehicle and animal occurs, it's always the animal owner who is at fault?

Or are there any exceptions?

What if animal has no owner?

Alanstrainor

CiniO wrote: »

Is it that when collision between vehicle and animal occurs, it's always the animal owner who is at fault?

Or are there any exceptions?

What if animal has no owner?

Take the animal to court.

Queen-Mise

Dog owner is responsible. The dog owner wasn't in control.

JohnBoy26

I hope the dog is ok. As for the cancelled out by the vet bills part, as has been said it's a load of rubbish, the dog owner must pay for the damage done to your car regardless of what their vet is costing.

Queen-Mise

CiniO wrote: »

Is it that when collision between vehicle and animal occurs, it's always the animal owner who is at fault?

Or are there any exceptions?

What if animal has no owner?

In this case - the dog was being put into a car and bolted from it. So it is really down to the owner.

At other times it wouldn't be this clear cut. Drivers have to watch for hazards, so that will complicate things.

Nonoperational

You must be flipping joking. Cancelled out by vet bills? Chancer.

johnayo

If that happened to me, I'd be like a dog.:mad:

mickdw

Happened me a few years back. 2 dogs ran from field towards farm house. Owner said he would pay. I reported it to the guards. Garda even spoke to owner on phone at scene and he said he was going to sort it.
In the end, couldnt get a penny out of him. I had to claim on my insurance and they assured me they would seek to recover the costs from farmer. In the end, tbey didnt bother their arse trying to collect the 2k off him apart from writing one letter so I got shafted really.

Needles73

As per other posters, dog owner should be liable for all costs and i wouldnt be doing them any favours......cancelled out by vet bills !!! If i was you i'd be getting car fixed in a main dealer.

Finnt

CiniO wrote: »

Is it that when collision between vehicle and animal occurs, it's always the animal owner who is at fault?

Or are there any exceptions?

What if animal has no owner?

If you hit a sheep on the road in places where there is commonage along side the road you are responsible

dutopia

The dog owner is 100% liable. Get the Gardai involved if they disagree.

CiniO

Finnt wrote: »

If you hit a sheep on the road in places where there is commonage along side the road you are responsible

I normally do between 100 and 200km per day in commonage area where roads are full of sheep. I've been doing it for the last 5 years, and didn't manage to hit a sheep yet, but this might happen anytime. I see few dead sheep every year, especially in March - June period where small lamb are released to commonage, and touristic season starts.

So what kind of responsibility driver has? If he kills a sheep, does he have to pay it's value? How is this enforcible?

Also how is driver supposed to know that there is a risk of sheep on the road?
In area I'm talking about there is no signs warning about sheep whatsoever, and while it's very touristic area, there is plenty foreign drivers in rental cars who usually loose their head when they see sheep on the road.

ONeill2013

It may not be clear cut due to having to do the whole emergency stop thing, etc, when learning to drive. if someone was going over the speed limit (i'm not saying you were) and hit a dog they shouldn't be asking for any money if you ask me.

Courtesy Flush

Spare a thought for the dog ....

somefeen

If you hit an animal on the road the owner is at fault

Yet if you hit a child you're at fault.
Bit odd

JohnBoy26

CiniO wrote: »

I normally do between 100 and 200km per day in commonage area where roads are full of sheep. I've been doing it for the last 5 years, and didn't manage to hit a sheep yet, but this might happen anytime. I see few dead sheep every year, especially in March - June period where small lamb are released to commonage, and touristic season starts.

So what kind of responsibility driver has? If he kills a sheep, does he have to pay it's value? How is this enforcible?

Also how is driver supposed to know that there is a risk of sheep on the road?
In area I'm talking about there is no signs warning about sheep whatsoever, and while it's very touristic area, there is plenty foreign drivers in rental cars who usually loose their head when they see sheep on the road.

I have yet to see tourists "loose their head" when they see sheep on the road. Most like to see them so they can take a few snaps for their holiday album.

CiniO

JohnBoy26 wrote: »

I have yet to see tourists "loose their head" when they see sheep on the road. Most like to see them so they can take a few snaps for their holiday album.

I've seen it several times, when a person doing around 60km/h literally stepped on the brakes doing emergency stop, when they saw a sheep 100m ahead.

frozenfrozen

somefeen wrote: »

If you hit an animal on the road the owner is at fault

Yet if you hit a child you're at fault.
Bit odd

But at the same time it's wrong to eat a dog but right to eat a sheep, and really wrong to eat a baby. I can't really make any sense of the whole situation either.

this calls for a: :rolleyes:

coolisin

Unfortunately the dog owner is liable all the time.
The driver may need to be aware of hazards but an animals owner is always responsible.

Are we sure about the sheep situation?
Surely if they are out and about its the farmers fault?

mloc123

Courtesy Flush wrote: »

Spare a thought for the dog ....

True, maybe wait for the dog to recover before chasing up the owner for damages?

BMJD

It's possible that they were in a bit of shock and weren't thinking straight about what they were saying - maybe wait and see how much the damage will cost so that they have time to calm down and come to terms with whatever is wrong with the dog.

somefeen

frozenfrozen wrote: »

But at the same time it's wrong to eat a dog but right to eat a sheep, and really wrong to eat a baby. I can't really make any sense of the whole situation either.

this calls for a: :rolleyes:

What I'm trying to say is, its stupid that hitting an animal on the road doesn't carry the same liability as hitting a child considering their both erratic and likely to do stupid things.
Some people can't control their dogs, some people can't control their kids.
Anyway its not my intention to open a can of worms.

George Dalton

mickdw wrote: »

Happened me a few years back. 2 dogs ran from field towards farm house. Owner said he would pay. I reported it to the guards. Garda even spoke to owner on phone at scene and he said he was going to sort it.
In the end, couldnt get a penny out of him.

Same thing happened to me in 2002. When the incident happened the owner was nice as could be, said he would cover all costs no problem. I said that was grand, I could do the work myself and would only ask him to pay for the parts. When I went back to get money off him after fixing the car he basically told me to get stuffed and if I took him to court he would claim his young son owned the dog and I would get €2 per week out of him. I only wanted €220 off him which was cheap for a bumper, radiator and fan for a Mondeo but he seemed to think I was trying to take advantage of him. Very annoying as I could have absolutely screwed him if I had wanted to.

meoklmrk91

Now that's what you call cheek! They are either grossly misinformed or trying to take you for a ride. They are completely liable for both the vet bills and the damage to your car. If they whing about it tell them they should have gotten pet insurance, It would cover the costs of both in this situation. Report to the guards and get a solicitor involved if you have to.

TheChizler

somefeen wrote: »

If you hit an animal on the road the owner is at fault

Yet if you hit a child you're at fault.
Bit odd

What if a dog drags a child out on the road and you hit both??

maneno

Then the dog is liable,:P

Finnt

coolisin wrote: »

Are we sure about the sheep situation?
Surely if they are out and about its the farmers fault?

Yeah but only if the land around the road is commonage if it's privately owned around the road it's the farmers problem. Its not enforceable in practice but if you hit anything on the road your supposed to report it, if you hit a sheep and don't report it and some one reports you, your in the sh*t!

I know this cos we had commonage near a busy road for a while,
TBH you'd rarely see an adult sheep get hit but lambs were common enough to get hit, if they made it past that they seem to get road sense!'

Thing is if your in an area where there's deer and you hit one a decent smack you'll probably write off you car with no one to claim Off

Greenmachine

Some seriously off topic posts in here.
Have to say even as a dog owner, that he who owns the dog is liable.

Fred Swanson

This post has been deleted.

The_Nipper_One

Dog owners job to look after it in a public place.

People saying the driver is responsible as he is the one who did the hitting should consider that if something runs out infront of you and you don't have the time to react, whether it be kid or animal, the driver can't be held accountable as long as he/she was not doing something silly like speeding or not paying attention to the road.

Infact I can't be sure, but isn't there even some rule regarding sudden stopping and small animals?

Cookie_Monster

The_Nipper_One wrote: »

Infact I can't be sure, but isn't there even some rule regarding sudden stopping and small animals?

you are not meant to swerve or emergecy stop as it can lead to a more dangerous situation hitting other traffic etc. basically hit the thing unless you are 100% sure there is no one or no other vehicles etc around.

ironclaw

I'd need someone with abit more know how to get the exact wording, but the key here is 'licensed animal' A dog is supposed to be licensed. The same applies to most livestock. A cat isn't for example. That's why if you hit a cat you can (In theory) just drive on. If you hit a dog / horse / cow your legally obliged to report it. If you hit livestock, you may be liable to pay for it.

OP, I'd just remember this when your talking to the owner:

It is an offence to keep a dog unless you have a licence. Your dog must be accompanied by and be under your effective control or the control of another responsible person if it is outside your home or premises or the home or premises of the person in charge of it

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

You have more than a case to take someone to court on that alone. If I was the owner, I wouldn't argue if I didn't have the dog licensed. And even if they did, they didn't have it under control. the fine's arn't huge for breaking these rules but its enough to leverage a case against an owner. Its get even more interesting if your from the country OP. Its an offence to have a dog off the leash such that it is interfering with livestock.

Case closed and car paid for.

H3llR4iser

OP, THEORETICALLY you are 100% in the right, as many other posters explained.

THEORETICALLY.

In practice, I have a feeling the dog's owner (and his/her solicitor if you end up going to court) will keep playing the card that you were speeding, should have paid more attention, should have predicted the dog darting in the street and a lot of other BS on the same tune.

Unfortunately, most people have this notion that if a driver hits something, the driver is at fault no matter what, and I would expect them to play it to the limit.

If there are no witnesses and it's essentially your word against theirs, excluding an extreme show on honesty on the dog owner's part, I would not be too surprised if it ended up with "everyone fix their own damage"

djimi

H3llR4iser wrote: »

In practice, I have a feeling the dog's owner (and his/her solicitor if you end up going to court) will keep playing the card that you were speeding, should have paid more attention, should have predicted the dog darting in the street and a lot of other BS on the same tune.

If the owner of the dog wanted to claim any of that would the onus not be on them to prove it? Right now the dog owner is in the wrong; why should it be up to the driver to prove that they werent speeding, couldnt have avoided it etc? Surely the dog owner has to prove their claims?

georgefalls

누가 판매 가능한 개에 대한 게시물을 삭제

H3llR4iser

djimi wrote: »

If the owner of the dog wanted to claim any of that would the onus not be on them to prove it? Right now the dog owner is in the wrong; why should it be up to the driver to prove that they werent speeding, couldnt have avoided it etc? Surely the dog owner has to prove their claims?

I sincerely hope, for the OP, that this is the case.

However, I've seen events where the fault was apparently more than obvious (e.g. car breaking through a red light) being considered a "50/50" by insurances, so I would still expect anything.

Fred Swanson

This post has been deleted.

antodeco

My pet insurance covers any damage caused to other property, including vehicles, if my dog or myself are at fault!

coolisin

This is the hard part, proving the exact owner of the animal.
However this is not a 50/50 situation the expense lands in the dog owners court.

I've had dogs and had them licenced and insured for an occurrence like the op's.

I'd be gutted if the dog was run down but I'd have to except responsibility in knowing that the dog should've being under my control.

There would be no 50/50 ruling of the driver speeding the dog hit the car end of.

slavetothegrind

George Dalton wrote: »

Same thing happened to me in 2002. When the incident happened the owner was nice as could be, said he would cover all costs no problem. I said that was grand, I could do the work myself and would only ask him to pay for the parts. When I went back to get money off him after fixing the car he basically told me to get stuffed and if I took him to court he would claim his young son owned the dog and I would get €2 per week out of him. I only wanted €220 off him which was cheap for a bumper, radiator and fan for a Mondeo but he seemed to think I was trying to take advantage of him. Very annoying as I could have absolutely screwed him if I had wanted to.

infuriating stuff, now another decent skin, yourself, will be less disposed towards a stranger ( possibly me ) accidentally damaging your car.

I have worked on same principal as you george and have been looked after in a similar manner by a person i collided with, i since got hit myself and managed to get both cars sorted in a good bodyshop getting a discount for having the two vehicles with him, he was happy and so was i.

hOW IT SHOULD WORK!

Hope the bollix gets what's due.

kevgaa

Hi Folks,

Just to give you all an update. I got the car looked at and initial quote is 1200 may get a bit cheaper in my own garage when I get to it.

I informed the dog owners son to which he replied the quote was a "bit Irish". I told him he was more than welcome to get anyone to inspect the car and I then proceeded to cut him off and speak to his mother the dog owner.

She said she does not have the money to cover the damage but is hoping to claim it off the house insurance who will get an assessor to contact her. (Whats the chances?)

If that fails It will be the legal route i'm afraid..

For all the dog lovers out there. The dog is fine apart from the bumps and bruises but is been monitored by the Vet.

Toots

The dog owner is 100% at fault on this one. OP, I'd be reporting this to the gardai straight away.

It doesn't matter if the cost is "cancelled out" by vet bills, you still have a damaged car and that has to be sorted. If the owner has any sense they'll have the dog insured and the majority of pet insurance policies will cover damage caused to 3rd parties by the dog. It should also cover the vet bills, so if the dog is insured the owner is talking out of their arse about damage being "cancelled out".

kevgaa

No pet insurance, Owner is trying to see if house insurance will cover the cost. part from that she said she doesn't have the money.

matt-dublin

If you hit a deer in the Phoenix park does that mean the government has to pay??

Fred Swanson

This post has been deleted.

Toots

kevgaa wrote: »

No pet insurance, Owner is trying to see if house insurance will cover the cost. part from that she said she doesn't have the money.

I'd be willing to bet she'll have no joy with the house insurance. TBH, I know it sounds harsh but it's not your problem that she doesn't have the money. Any ideas how much it'll cost to fix up your car?

kevgaa

kevgaa wrote: »

Hi Folks,

Just to give you all an update. I got the car looked at and initial quote is 1200 may get a bit cheaper in my own garage when I get to it.

I informed the dog owners son to which he replied the quote was a "bit Irish". I told him he was more than welcome to get anyone to inspect the car and I then proceeded to cut him off and speak to his mother the dog owner.

She said she does not have the money to cover the damage but is hoping to claim it off the house insurance who will get an assessor to contact her. (Whats the chances?)

If that fails It will be the legal route i'm afraid..

For all the dog lovers out there. The dog is fine apart from the bumps and bruises but is been monitored by the Vet.

update made earlier