Road Accident involving dog

SeanJ09

Ok,so yesterday my dog was knocked over by a car which resulted in his death( pretty horrific stuff). Also, the collision resulted in some minor damage to the front grill and one of the lower lights on the car, but will nonetheless probably cost a few hundred. My dog ran out of my driveway onto the road after spotting another dog and paid no attention to the incoming car, but I'm unsure whether the driver was to blame or not for his death in that should he have been driving at a lower speed that may have given him a greater chance of seeing the dog. Have I any grounds to pay a reduced sum of the damage done to the car, since my dog is deceased after all? Or is it the fact that simply the dog should have been on a leash and thus I cannot avoid paying the damage to the car in any circumstances?
Any help at all would be greatly appreciated. Thanks.

Avns1s

Sorry about your dog but he ran out so you're responsible, including for the damage to the car.

Goat the dote

Avns1s wrote: »

Sorry about your dog but he ran out so you're responsible, including for the damage to the car.

This. It's sad but you are responsible for your dog. Was he insured?

SeanJ09

Goat the dote wrote: »

This. It's sad but you are responsible for your dog. Was he insured?

I can only assume that he is insured. I just gave him my contact number yesterday and he said he would get back to me once he got an estimation of the cost of the damage. I have heard nothing since. Thanks for the help all.

Ken.

I think Goat meant was your dog insured, not the car driver. Sorry if I'm wrong.

Chiparus

Not so sure, I remember a case where a driver hit a dog and the dog hit another person who was injured. The driver was found liable.

http://bocktherobber.com/2009/11/flying-dog-injures-woma/

SeanJ09

ken wrote: »

I think Goat meant was your dog insured, not the car driver. Sorry if I'm wrong.

Sorry my mistake, no my dog wasn't insured.

kilp10

Sorry about your dog, would hate to be in your position. Depending on the interpretation of the Control of Dogs Act, I'd imagine you could be held liable as the dog was not under your control and caused an accident. Maybe you might be lucky in that the owner will not come looking for payment but I'd be surprised if he didn't.



Control of Dogs Act, 1986 - Liability of owner for damage by dog.

irishstatutebook.ie/1986/en/act/pub/0032/print.html#sec9

(Won't allow me to post link so just add the usual in front of the above web address)

marinabannon

Same thing happen to my dog kids left the gate open he ran out and got knock down cost us €1500 he wasn't insured, the driver was even speeding we still see him now going far in excess of speed limit, and it past a school by a zebra crossing we went to guarde they weren't interested. we had to pay fortunate though the house insurance covered it, so check you house insurance......................... Funny thing is if it had been a sheep the driver would of had to pay you compensation

Tow

Dog's damage may be covered by household insurance policy.

No Pants

kilp10 wrote: »

Maybe you might be lucky in that the owner will not come looking for payment but I'd be surprised if he didn't.

I would. I'd give the dog owner a chance to make things right, but if there was any resistance, I'd pass it to my insurance company along with the dog owners details.

Avns1s

marinabannon wrote: »

Funny thing is if it had been a sheep the driver would of had to pay you compensation

How do you come to that conclusion?

Yawns

marinabannon wrote: »

Funny thing is if it had been a sheep the driver would of had to pay you compensation

Not if the sheep ran out into the road and was not under control. Which is what happened here with the dog. If the animals are under control, then it would be a different story.

Ken.

Lexi Attractive Yearbook wrote: »

Sorry to hear about your dog. This isnt legal advice but id tell yer man to go whistle.

You could try. He could bring you to court, you'd lose and probably be stumped with paying for his car and legal fees. The law says the dog must be under control and if not the dog owner is liable for any damage done or caused.

Lambofdave

Lexi Attractive Yearbook wrote: »

Sorry to hear about your dog. This isnt legal advice but id tell yer man to go whistle.

Do you take responsibility for anything?

Avns1s

Lexi Attractive Yearbook wrote: »

Sorry to hear about your dog. This isnt legal advice but id tell yer man to go whistle.

Shouldn't you be back in class!!

marinabannon

Avns1s wrote: »

How do you come to that conclusion?

because i was on the way to music festival few years ago only as passenger and sheep ran out onto n11 we hit the sheep with died straight away the farmer who was neat called the garda and they came and we had to pay the farmer for lose of sheep ...............

No Pants

Lexi Attractive Yearbook wrote: »

Sorry to hear about your dog. This isnt legal advice but id tell yer man to go whistle.

Bit late for whistling, the dog is dead.

RGS

Contact your house insurers as this type of incident may be covered under your public liability section of your policy.

However if the dog was on the dangerous dogs list your insurers may not cover the incident.

jantheman91

Yawns wrote: »

Not if the sheep ran out into the road and was not under control. Which is what happened here with the dog. If the animals are under control, then it would be a different story.

I suppose the best way to control the mind of a dog is to chain him to a fence and leave him there all day, right?

God help your pets.

SeanJ09

Is it a requirement that the driver had to report the incident to the Gardai?

h2005

marinabannon wrote: »

because i was on the way to music festival few years ago only as passenger and sheep ran out onto n11 we hit the sheep with died straight away the farmer who was neat called the garda and they came and we had to pay the farmer for lose of sheep ...............

Sounds like you guys got ****ed over.

h2005

jantheman91 wrote: »

I suppose the best way to control the mind of a dog is to chain him to a fence and leave him there all day, right?

God help your pets.

A bit of jump from controlling your dog to having him chained up all day.

Avns1s

marinabannon wrote: »

because i was on the way to music festival few years ago only as passenger and sheep ran out onto n11 we hit the sheep with died straight away the farmer who was neat called the garda and they came and we had to pay the farmer for lose of sheep ...............

I'm surprised the farmer didn't deny it was his sheep.

Yawns

jantheman91 wrote: »

I suppose the best way to control the mind of a dog is to chain him to a fence and leave him there all day, right?

God help your pets.

So point out where I said that? God help anyone who has to listen to your logic in RL.

Ken.

http://www.environ.ie/en/LocalGovernment/DogControl/#Control
Who is responsible for the control of dogs?
The Control of Dogs Acts 1986 and 1992 place statutory responsibility for dog control and licensing services on local authorities. Under these Acts, local authorities – 29 County Councils and five City Councils – have power to appoint dog wardens, to provide shelters for stray and other dogs, to impose on-the-spot fines for a number of offences and to take court prosecutions. Local authorities may make bye-laws also in relation to the control of dogs within their functional areas. These bye-laws could, for example, specify areas where dogs must be kept on a leash or even prohibited. Your local authority will be able to inform you of the bye-laws that apply in your area.
Local authorities may operate their own dog control services or make arrangements with the Irish Society for the Prevention of Cruelty to Animals (ISPCA).
By law all dogs must be kept under effective control – owners may be held liable for any injury or damage caused if their dog attacks a person or livestock. The law requires also that all dogs be licensed and there are penalties for non-compliance. There are some exemptions from the licensing requirements, for example, dogs used in official duties by the Gardai, Defence Forces, Custom & Excise Service, etc.

Lambofdave

Lexi Attractive Yearbook wrote: »

This is not my dog.

no one said it was your dog, but your answer says about your attitude

Bepolite

I think it's going to depend on the instant circumstances. Let the various insurance compnaies hammer it out. My 2 cents is that a driver should be able to avoid obvious hazards; in a residential area this is children/dogs/cats/sheep/adults/other cars shooting out from driveways.

That said a sheep in Galway had it's life flash before it last week as I was rushing for the Inishboffin ferry!

Santa Cruz

Lexi Attractive Yearbook wrote: »

Sorry to hear about your dog. This isnt legal advice but id tell yer man to go whistle.

This advice is of no benefit whatsoever and would only lead to additional expense being landed on the poster.

sheepshearer74

Sorry to post on old thread, but I'm new to boards tonight and cant find a way to start a new thread, hopefully someone will see this.
My 4 month old puppy was hit on the road yesterday and is fighting for her life in the vet surgery at the minute.
I was with her, just took her out of the car, about to put her lead on when she jumped out of my arms. I tried to catch her but she is so fast, she eventually made it out of the drive way and onto the regional road 80kmph limit, I had the lead in my hand. Everytime I got close she moved away, she hates going on the lead. The road was quiet for the first 10 minutes of trying to catch her. I almost had her back in the driveway, we were on the left hand side but on the road when I saw a car coming over the brow of the hill but it was a good distance away. I immediately started waving my arms gesturing to the driver to slow down, but she didn't slow down at all. My pup walked closer to the middle of the road and the driver drove straight into her and nearly hit me too. The driver then swerved and slowed for a couple of seconds then sped off. I was so distraught all I could think of was the pup, there was blood all over the road and pumping out of her. We spent the next 2 hours at the vet and came home without much hope of surviving, my kids were distraught. I had planned to settle the kids at home and then go to the gardai to report the hit and run.
But the gardai arrived at my door before I could leave, I was delighted to see them because I thought they were coming to me with news of this persons identity as person I know was at the scene and followed the driver. But the gardai were totally on the other persons side saying that my pup ran out on the road in front of her and that I was not in the vicinity which is rubbish. She told the gardai that she wants me to pay to fix her car.
I don't know what to do, I have looked at websites and spoke to other gardai and they said that in the country the driver should have followed due care and should have slowed down when she was being alerted to a hazard on the road. It was a long straight stretch of road and there was no reason she should not have seen me unless she was using her phone or blind.
My problem is that I am already facing a vet bill of over €1000 and she now wants her car fixed. She claims her front driver side bumper is damaged. But if she left the scene and went to the gardai a while later then how do I know this isn't previous damage that she just wants me to stump up for. Also I feel like she should be paying for the vet bill as I was with my dog on the road, I tried desperately to alert the driver to a hazard and she chose not to proceed with caution but instead drive straight into my pup. She's only a light little pup and the impact was on her head and shoulders.
I later found out that the man I know who chased after her when he caught up with her asked her what the hell she was doing driving so fast and not paying attention and she said that "she didn't see me because she is as blind as a bat"
What on earth do I do now. I have no plans to pay to fix her car when my pup that she mowed down after she was adequately warned to slow down is now fighting for her life.
Please help.

mickdw

Dog not under control. Dog goes into the road. You pay for damage caused.
You should ensure that you can pay for damage to other people's property before spending big on vet bills for your own property.

sheepshearer74

Where has humanity gone to. MickW are you really suggesting that I let my children's pet die just so I can pay for damages to a persons car when they were negligent in the first place by not obeying the rules of the road by slowing down when being alerted to a hazard on the road.

sheepshearer74

Also she left the scene of the crime, she has no proof that the collision with our pup caused the damage to her car. For all I know she is scamming us for damage she did herself in a previous incident. But I am very sad to see you consider her property more valuable than the life of an animal.

Mooooo

Take emotion out of it I'm afraid. You have to be in control of your animal at all times in public areas. You weren't and an accident happened. It is your word against hers 're the waving down etc. 10 mins on a public road something was bound to happen.

sheepshearer74

But its not her word against ours. We have multiple witnesses

Buck Turgidson

Sheepsheerer I hope that your dog pulls through. It is a terrible thing your family are enduring. As a driver, I would feel responsible, maybe she went to the guards to get her defense in first? You need to get some qualified advice, maybe citizens advice centre can help. Sorry for some of the comments you have received here. Good luck.

fritzelly

Sad to hear but you are responsible for your dog, driver is not responsible for a dog running in front of him, and a dog being harder to see and faster than a human running
The dogs death has no relevance on the claim against you

An jaysus, necromancer

sheepshearer74

Thank you Buck. Nice to have some support. I think a solicitor tomorrow might be the only way as hell will freeze over before I pay a penny.

sheepshearer74

I understand Fritzelly but I was 6 feet behind the dog, it may have been hard to see but Im 6ft and impossible to miss, she nearly hit me too. She was definitely being negligent.

fritzelly

sheepshearer74 wrote: »

I understand Fritzelly but I was 6 feet behind the dog, it may have been hard to see but Im 6ft and impossible to miss, she nearly hit me too. She was definitely being negligent.

Were you in front of the car?

Buck Turgidson

fritzelly wrote: »

Sad to hear but you are responsible for your dog, driver is not responsible for a dog running in front of him, and a dog being harder to see and faster than a human running
The dogs death has no relevance on the claim against you

But the driver didn't stop, so who knows what damage was done to the car? Also says something about her humanity that she left an injured animal on the road.

freshpopcorn

Maybe the driver was afraid it was a ruse to steal her car! They are countless things she could say.
At the end of the day you should have had your dog under control!

endacl

sheepshearer74 wrote: »

Where has humanity gone to. MickW are you really suggesting that I let my children's pet die just so I can pay for damages to a persons car when they were negligent in the first place by not obeying the rules of the road by slowing down when being alerted to a hazard on the road.

Nothing to do with humanity. There’s no way to ascertain whether or not they were driving with due care and attention. Perhaps they did slow down. Perhaps not. Perhaps they just thought you were waving ‘hello’ at them. Any number of unprovable and irrelevant ‘perhapses’.

The fact is, the dog wasn’t under control, and the damage resulted. As the owner, you’re responsible. It’s an awful situation to be in, and I sympathise, but if it was a grand’s worth of damage to my car, I’d be chasing you to pay as well.

I’m aware the above sounds harsh. I am genuinely sorry for your current situation. Hope the dog is OK.

sheepshearer74

Were you in front of the car?

Yes Fritzelly, I was in front of the car. I had to jump out of the way and she swerved after she hit the pup. We often cross sheep on that road and we stand on either side and wave down traffic in the same way. But if a person isn't looking where they are going then they would drive straight into us or the sheep. Fortunately this is the first time we have encountered a person not looking where they were going. This pup is a sheep dog in training.

Buck the lady left the scene illegally, the RSA website says that if a driver hits an animal on the road they are obliged to stop at the scene and exchange details with anyone else involved. But she just swerved by me and drove on.

endacl

sheepshearer74 wrote: »

Also she left the scene of the crime, she has no proof that the collision with our pup caused the damage to her car. For all I know she is scamming us for damage she did herself in a previous incident. But I am very sad to see you consider her property more valuable than the life of an animal.

Again, this may sound cruel, but if she took pics of the damage, she also took pics of the blood and fur.

freshpopcorn

Did it take this lady long to go to the Garda station?

Buck Turgidson

sheepshearer74 wrote: »

Were you in front of the car?

Yes Fritzelly, I was in front of the car. I had to jump out of the way and she swerved after she hit the pup. We often cross sheep on that road and we stand on either side and wave down traffic in the same way. But if a person isn't looking where they are going then they would drive straight into us or the sheep. Fortunately this is the first time we have encountered a person not looking where they were going. This pup is a sheep dog in training.

Buck the lady left the scene illegally, the RSA website says that if a driver hits an animal on the road they are obliged to stop at the scene and exchange details with anyone else involved. But she just swerved by me and drove on.

Sheep. Goodnight and God speed.

sheepshearer74

endacl wrote: »

Nothing to do with humanity. There’s no way to ascertain whether or not they were driving with due care and attention. Perhaps they did slow down. Perhaps not. Perhaps they just thought you were waving ‘hello’ at them. Any number of unprovable and irrelevant ‘perhapses’.

The fact is, the dog wasn’t under control, and the damage resulted. As the owner, you’re responsible. It’s an awful situation to be in, and I sympathise, but if it was a grand’s worth of damage to my car, I’d be chasing you to pay as well.

I’m aware the above sounds harsh. I am genuinely sorry for your current situation. Hope the dog is OK.

Endcal, there are witnesses to say her speed was excessive, also in a rural area dirvers have to exercise due caution in an area where farm animals and tractors are regularly present. As for the waving there is no way she could have mistaken it for hello, we use the same signals all farmers do when sheep crossing which became more pronounced as she drew closer.
And she did illegally leave the scene of the crime.

endacl

sheepshearer74 wrote: »

Endcal, there are witnesses to say her speed was excessive, also in a rural area dirvers have to exercise due caution in an area where farm animals and tractors are regularly present. As for the waving there is no way she could have mistaken it for hello, we use the same signals all farmers do when sheep crossing which became more pronounced as she drew closer.
And she did illegally leave the scene of the crime.

You’re just going to keep posting till you read what you want to read, right?

1. Somebody saying her speed was excessive, in their opinion, is immaterial. Which I’ll get to in point 3.

2. She’ll say she was excercising due caution. She saw you signalling for ‘sheep crossing’ and saw that there were no sheep.

3. She didn’t leave ‘the scene of the crime’, as no crime was committed. It’s a civil matter, in which you were in the wrong. No dog in road = no dog hit by car.

sheepshearer74

endacl wrote: »

You’re just going to keep posting till you read what you want to read, right?

1. Somebody saying her speed was excessive, in their opinion, is immaterial. Which I’ll get to in point 3.

2. She’ll say she was excercising due caution. She saw you signalling for ‘sheep crossing’ and saw that there were no sheep.

3. She didn’t leave ‘the scene of the crime’, as no crime was committed. It’s a civil matter, in which you were in the wrong. No dog in road = no dog hit by car.

Endcal,
I believe you will keep posting until I give in which I won't. Two gardai in the last 24 hours have said that she was in the wrong. I was just unlucky that she got a gardai who seemed to know nothing about living in the countryside. And you're wrong, leaving the scene of the accident was a crime. She is required by law to remain at the scene.
Telling lies to the gardai is also perverting the course of justice. She claimed that I wasn't in the vicinity which funnily enough proves she has problems with her eye sight if she genuinely did not see me, which I doubt, she is just lying to cover her sorry rear end for her horrific stupidity.
And I also have the witness to say she admitted that she "is as blind as a bat"
I will see what our solicitor says in the morning.

freshpopcorn

sheepshearer74 wrote: »

I will see what our solicitor says in the morning.

Best thing you can do!
I have heard of a few people in your situation or similar and at the end of the day. The dog wasn't under control so the owner paid for the car to be repaired!