Cows broke out

maxxuumman

Cows broke out on Friday and went into neighbours garden, most of the damage done was to the lawn itself, hoof prints.
The lady that owns the house ( she lives on her own), wasn't there when it happened, so I waited around until she came home from work. After her initial shock, she was happy that I was going to organise a gardener, get a trailer or two of clay, fill in the holes and reseed the damaged areas, roll, and put it back to as near to 100% as possible. She is a neighbour and I have no intention of falling out with her. The plan was to do it tomorrow, as the gardner was booked out till then. But since she has got some helpful advice! She is now insisting that all the lawn should be reseeded. She wants lorry loads of clay brought in and her whole lawn resurfaced.
What's the story here, she has gates at her entrance but they were open. How far can she go with insisting on reseeding all the lawn.

blue5000

Have you public liability insurance? If it is a regular occourance fbd won't cover you after the third time:(

maxxuumman

blue5000 wrote: »

Have you public liability insurance? If it is a regular occourance fbd won't cover you after the third time:(

I have public liability, never happened before. I don't intend going to for insurance, unless she digs her heels in and looks for a massive job to be done.
I guess what I am asking is how far can she push this, I have offered to fix the damage, but what she is asking for is ridiculous. And if she does keep pushing this am I 100% liable, her gates were open.

quadboy

Get a few wheelbarrows of sand fill in the holes, nuff said

blue5000

Forgot to say take photos, lots of photos, some ppl are getting a whole landscape job done at the expense of insurance companies.

The before and after photos would make interesting viewing, with only the house still the same. Not saying your neighbour is going to do this, but you have to protect your interests, her leaving the gate open makes no difference.

dar31

gates make no difference, your cattle broke out,

as blue said loads of photos, and gardener of your choice,
sound like insurance job the way you describe it,

why pay for insurance if you dont use it

Baraboo

You can get a product which is a mix of grass seed, fertilizer and peat. I would suggest maybe making your own mix and filling the holes and then roll the rest. I would think if she sees that you are making a real effort and you explain first, and emphasize that this is the quickest way back to a normal looking lawn for her, she will probably go for this.

jomoloney

Whatever you decide to do, notify your insurance company immediately.

There was a similar incident here locally that eventually went to court with €15k damages awarded against the farmer,

FBD refused to pay on grounds that it wasn't notified on time

If it was myself I would just hand the matter over to FBD and let them deal with her, but it's your choice.

dzer2

If you have insurance let them deal with it had a situation down here the same only a friendly sod let the cattle out the gate the neighbour had gates left open insisted in getting the whole place done. I took photos and handed it over to the insurance they got the holes filled and 2 trees replaces that were dead already. They bad mouthed us saying we wouldnt pay for the work and that was all they could afford. I waited until I met them at a function in the local and left the whole place in no doubt that what had happened. If the gates are not closed they have as much care of duty as you and the insurance company told them so fairly lively. I still wouldnt fall out with her and keep the original offer on the table.

renandstimpy

blue5000 wrote: »

Forgot to say take photos, lots of photos, some ppl are getting a whole landscape job done at the expense of insurance companies.

The before and after photos would make interesting viewing, with only the house still the same. Not saying your neighbour is going to do this, but you have to protect your interests, her leaving the gate open makes no difference.

100% right take pictures lots of them.

freedominacup

maxxuumman wrote: »

I have public liability, never happened before. I don't intend going to for insurance, unless she digs her heels in and looks for a massive job to be done.
I guess what I am asking is how far can she push this, I have offered to fix the damage, but what she is asking for is ridiculous. And if she does keep pushing this am I 100% liable, her gates were open.

Then use it. After the advice she's gotten you're gonna be the cnut either way. No matter what you do yourself she won't be happy because you're not a pro and she'll believe you are cutting corners to save yourself cost. If you give it to the insurance co. they'll deal with it harshly and you'll still be a cnut for not playing nice. If I was you I'd contact the insurance company and let them handle it. Go to the woman and give her the insurance co. details and strongly advise her to contact her solicitor simply for the satisfaction of knowing she'd have a bill that she wouldn't be able to get compo for arising out of her stupidity. We had a case here lately that we were semi involved in householder was looking for 4k to repair a lawn. It's no bother to get a landscaper to give a quote like that. They charge by the sq metre for lawn establishment.

paddysdream

As regards the insurance,why are you even considering not claiming on it?
I had a substantial 4 figure claim on my public liability 3 years ago and surprise surprise ,there was no increase in premium following it.
Before anyone asks ,yes the money is long paid out and have had 2 renewals since and no mention of it.Priced another company re. farm and house insurance and they told me that the previous claim would have no effect on their price.

Over the last 20 or so years I have claimed 6 or 7 times.Every time it has happened it has had no impact on renewal.

Whats the point in paying out thousands in premia and then not claiming when the actual thing that its in place to cover happens?

For peace of mind and good neighbourly relations just ring your insurance company on Tuesday morning,tell them the facts and then let them handle it. Thats what you are paying for and that is the assessors job.Let him come out ,look at the damage and negoitate with the householder.

You are then out of the picture .Any dispute re. prices ,work needing to reinstate etc is then up to FBD.

Could never understand farmers reluctance to claim on insurance.All that usually ends up when you try to sort it out yourself is;

(1)Farmer unhappy that he has been taken for a ride to repair what looks to him like a few small holes
(2)Householder unhappy that their lovely lawn will never be the same
(3)Bad feeling on both parts
(4) unease on your part about stock breaking out again
(5)reluctance on the neighbours part to allow you any leeway ever again

mf240

Call up this evening with a ring feeder, a bale and a bundle of cows.

Might as well be hung for a sheep as lamb.

bob charles

my insurance company had paid for whole landscaping jobs locally on my behalf, its a fraud and they pay up. Last guy got €900 after myself and another guy had fixed the lawn, prick still wasnt happy and "got" a quote of a gardener. I timed the gardener spending 2hrs working on the guys lawn. another took 3k off me as one of my landlords often turns off the fence to spare the leccie:mad:

pakalasa

I think after reading this, there will be a lot of farmers who won't wait around for the house owner to arrive home, the next time it happens to them.

maxxuumman

pakalasa wrote: »

I think after reading this, there will be a lot of farmers who won't wait around for the house owner to arrive home, the next time it happens to them.

The trail of cow sh1t joining her gateway to my gateway would have been a give away:D

kfk

Get approval to take pictures. Its a persons private residence and could be seen as an invasion of privacy. Best to let your insurance company handle it and save yourself the stress.

paddysdream

bob charles wrote: »

my insurance company had paid for whole landscaping jobs locally on my behalf, its a fraud and they pay up. Last guy got €900 after myself and another guy had fixed the lawn, prick still wasnt happy and "got" a quote of a gardener. I timed the gardener spending 2hrs working on the guys lawn. another took 3k off me as one of my landlords often turns off the fence to spare the leccie:mad:

Agree that it can be a tad annoying seeing someone take the p**s as regards claiming but its not "your" money in the sense that the insurance paid it out.

I know people may say thats why premiums are so high in this country but isnt it better to have it rather than find out that you are personally liable for some enormous sum.

You are going to be paying the insurance which or whether so what matter if someone claims on it ?

From the house owners perspective its not their fault that the cattle came in and so why should they be out of pocket?If cattle came into my garden and done serious damage I would have no problem claiming off my own or someone else's policy.Thats how the world works and to put it baldly;if your stock didnt break out then you would have no problem.

Personally have had 2 claims with sheep breaking out and eating the tops off a field of beet,one where ewes got out and person "claimed " that they knocked a mirror off their car and scratched a panel(very dubious but put in claim (400 euro I think) and insurance paid out)plus couple of times that bullocks got into gardens.

Find its much easier to just tell them; insured with x, will ring them as soon as possible and give details and they will sort it out.No hassle ,no bad feelings and most importantly ;no cost to me

kfk

paddysdream wrote: »

Agree that it can be a tad annoying seeing someone take the p**s as regards claiming but its not "your" money in the sense that the insurance paid it out.

I know people may say thats why premiums are so high in this country but isnt it better to have it rather than find out that you are personally liable for some enormous sum.

You are going to be paying the insurance which or whether so what matter if someone claims on it ?

From the house owners perspective its not their fault that the cattle came in and so why should they be out of pocket?If cattle came into my garden and done serious damage I would have no problem claiming off my own or someone else's policy.Thats how the world works and to put it baldly;if your stock didnt break out then you would have no problem.

Personally have had 2 claims with sheep breaking out and eating the tops off a field of beet,one where ewes got out and person "claimed " that they knocked a mirror off their car and scratched a panel(very dubious but put in claim (400 euro I think) and insurance paid out)plus couple of times that bullocks got into gardens.

Find its much easier to just tell them; insured with x, will ring them as soon as possible and give details and they will sort it out.No hassle ,no bad feelings and most importantly ;no cost to me

They must have been big sheep!

belcampprisoner

I read crows broke out

paddysdream

kfk wrote: »

They must have been big sheep!

Small car!!!!!

Muckit

Noddy's house?

loveta

dar31 wrote: »

gates make no difference, your cattle broke out,

as blue said loads of photos, and gardener of your choice,
sound like insurance job the way you describe it,

why pay for insurance if you dont use it

As far as i am aware it is up to the property owner to protect there property from the road so if the animals strayed on to the road and went into the lawn you are not fully liable because they should have gates or a grid "its part of all planning premissions" eg entrance walls piers ect ect... a similar thing happened locally years ago and thats the way the insurance company fought it, in fact if the cattle were hunted back out on the road and caused a accident the house/lawn owner would be part liable

maxxuumman

loveta wrote: »

As far as i am aware it is up to the property owner to protect there property from the road so if the animals strayed on to the road and went into the lawn you are not fully liable because they should have gates or a grid "its part of all planning premissions" eg entrance walls piers ect ect... a similar thing happened locally years ago and thats the way the insurance company fought it, in fact if the cattle were hunted back out on the road and caused a accident the house/lawn owner would be part liable

That's what I always thought too. ( gates should be closed or cattle grid down ) Not throwing the problem back in her court, but she might get down from her high horse if she realised that I am trying to be as fair as possible.

quadboy

contributory negligence on the homeowners part?, learnt that in tort law in college, boom!

bob charles

im nearly certain you are 100% liable when your stock break out, AFAIK it makes no difference it a home owners gate is wide open

quadboy

If you leave you keys in your car and it gets stolen and is involved in an accident then you are partly liable or is this completely different

Lola18

In fairness your supposed to "fence to keep animals in not keep them out", so the woman shouldnt have to worry about keeping your cattle off her property or land.

quadboy

Hate it when fellas put wire on the ground instead of the ditch so all a sheep has to do is go up on the ditch and jump over, surely keeping them out is as important as keeping them in

bob charles

Lola18 wrote: »

In fairness your supposed to "fence to keep animals in not keep them out", so the woman shouldnt have to worry about keeping your cattle off her property or land.

its all well and good until a straying dog or something spooks the animals and the fencing around Dublin Zoo would stop them. I had a big gardening bill after a neighbors dog chased my animals. Couldnt prove what neighbors dog it was as no camera, but my insurance paid for the lawn damage:mad:

I always taught a bulling heifer had some bit of the law on her side when she got frisky and hit the road looking for a bit of action

twofish101

Lads, used to look at lawns and do reports on trespass for the insurance company, if there was any damage to the grass areas, the company would pay for a whole reseeding job, it didnt matter if the gates were open or shut as long as gates were in place!
Same principal as if you hit another car really you have caused the damage so you are responsible to repair it to the owners satisifaction.
I'd let the company deal with it as thats what you pay insurance for.

bob charles

twofish101 wrote: »

Lads, used to look at lawns and do reports on trespass for the insurance company, if there was any damage to the grass areas, the company would pay for a whole reseeding job, it didnt matter if the gates were open or shut as long as gates were in place!
Same principal as if you hit another car really you have caused the damage so you are responsible to repair it to the owners satisifaction.
I'd let the company deal with it as thats what you pay insurance for.

And if there were no gates?

kowtow

bob charles wrote: »

I always taught a bulling heifer had some bit of the law on her side when she got frisky and hit the road looking for a bit of action

I've one or two female friends who have tried to run that defence in London on a Saturday night and I am told it falls on deaf ears.

071_Foamer

The fact that her gates were open is utterly irrelevant. It is your responsibility to control your cattle.
This is 100% your fault and she is fully entitled to compensation for damages.
Refer the matter to your insurer.

As other have said, that's what your insurance is for. Why bother getting insured if you don't use it.
If insurer pays out everyone is happy. You don not have to pay out of your pocket, she gets a garden make over.