dog knocked down. am I liable for car damage

underthetumb

Hi there. My dog somehow got out of his pen and was struck by a car. I wasn't home and the driver called into my wife and showed damage to car and said he would contact her with quote. She can't find the dog and hasn't seen him since the driver informed her. I wont be home till tonight to look for the poor thing. Where do I stand. Tks

punisher5112

underthetumb wrote: »

Hi there. My dog somehow got out of his pen and was struck by a car. I wasn't home and the driver called into my wife and showed damage to car and said he would contact her with quote. She can't find the dog and hasn't seen him since the driver informed her. I wont be home till tonight to look for the poor thing. Where do I stand. Tks

Liable for damage unfortunately.

Hopefully the dog isn't hurt bad.

jinkybhoy

if you have house insurance it should cover the claim.

amcalester

KenjiOdo wrote: »

Put in a counter claim...

For what?

The driver is the one who has been wronged here.

Sleeper12

underthetumb wrote:

Hi there. My dog somehow got out of his pen and was struck by a car. I wasn't home and the driver called into my wife and showed damage to car and said he would contact her with quote. She can't find the dog and hasn't seen him since the driver informed her. I wont be home till tonight to look for the poor thing. Where do I stand. Tks

How did he know where the dog lives if the dog can't be found? Is he a neighbour?

Ginger83

KenjiOdo wrote: »

Put in a counter claim...

For what? How is the driver at fault?

boardsuser1

http://www.boards.ie/vbulletin/showthread.php?t=2056369747

callaway92

KenjiOdo wrote: »

He killed his pet (family member)... I'm sure the law protects farmers livestock might cover family pets too, but if you put in a claim for pedigree (if it was might negate the damage done to his car and they won't pursue)

Clueless

average_runner

KenjiOdo wrote: »

He killed his pet (family member)... I'm sure the law protects farmers livestock might cover family pets too, but if you put in a claim for pedigree (if it was might negate the damage done to his car and they won't pursue)

Still not the drivers fault, the dog should of never of gotten out.

Sorry for the owner also

punisher5112

KenjiOdo wrote: »

He killed his pet (family member)... I'm sure the law protects farmers livestock might cover family pets too, but if you put in a claim for pedigree (if it was might negate the damage done to his car and they won't pursue)

Aint how it works.

You are responsible for your livestock or pet.

Unfortunate it got out but that's life.

Op hope you find your pet by the way.

Paullimerick

Unfortunately your 100% liable for damage done by your dog. I have had that problem more than once.

nhunter100

KenjiOdo wrote:

He killed his pet (family member)... I'm sure the law protects farmers livestock might cover family pets too, but if you put in a claim for pedigree (if it was might negate the damage done to his car and they won't pursue)

All owners of animals are required to have them secure on their property. If the animal gets out and causes damage to the property of someone else the owner of the animal is responsible. What law protecting farmers livestock are you referring to?

Sam Kade

average_runner wrote: »

Still not the drivers fault, the dog should of never of gotten out.

Sorry for the owner also

He shouldn't of to be sure.

punisher5112

KenjiOdo wrote: »

Think I got it mixed up... But if you hit a wild deer it is you at fault? Therefore if owners are reading this claim ignorance... :P

If you hit a wild animal its you or your insurance problem as you can't claim off them wild animals I'm afraid.

nhunter100

KenjiOdo wrote:

Think I got it mixed up... But if you hit a wild deer it is you at fault? Therefore if owners are reading this claim ignorance...

There is a difference between a wild deer and 'Fido' with a chip under his skin. All farm animals are tagged. Ignorance is no defence even attempted ignorance.

underthetumb

He said dog ran into our garden. Anyways the father found him dead in ditch at back of house. Don't know how he got out cos it's a secure pen. No damage to it seemingly. Just looking for info lads. If I am liable that's fair enuf. Could do without the trash talk

Ginger83

KenjiOdo wrote: »

He killed his pet (family member)... I'm sure the law protects farmers livestock might cover family pets too, but if you put in a claim for pedigree (if it was might negate the damage done to his car and they won't pursue)

The dog was loose, whether the owner knew or not they are still responsible.

punisher5112

underthetumb wrote: »

He said dog ran into our garden. Anyways the father found him dead in ditch at back of house. Don't know how he got out cos it's a secure pen. No damage to it seemingly. Just looking for info lads. If I am liable that's fair enuf. Could do without the trash talk

Sad. Sorry for your loss. Honestly no jokes by the way.
Unfortunate it happened as said before. Hopefully he didn't suffer and is in no pain now.

Ginger83

underthetumb wrote: »

He said dog ran into our garden. Anyways the father found him dead in ditch at back of house. Don't know how he got out cos it's a secure pen. No damage to it seemingly. Just looking for info lads. If I am liable that's fair enuf. Could do without the trash talk

Sorry to hear that. It would also be up to the driver to prove it.

Ginger83

KenjiOdo wrote: »

The "owner" did say it was a stray, who they fed time to time... If they did have the dog registered to them, there would be grounds for a claim against them it seems.. Dunno how you'd go about proving it was their dog sorry OP

I think you are confusing stories but in the case of the owner claiming its a stray i'd begin carrying the dog to my car to have a vet check its chip. When they see Fido being removed it will be fairly clear who the owner is.

KenjiOdo

Sorry I was getting threads mixed up... reading other thread posted in this thread & posting in this one... oops!

Conchurl

underthetumb wrote: »

He said dog ran into our garden. Anyways the father found him dead in ditch at back of house. Don't know how he got out cos it's a secure pen. No damage to it seemingly. Just looking for info lads. If I am liable that's fair enuf. Could do without the trash talk

Do you have Nargc insurance by any chance as at a meeting one night they said it covers damage dogs do to the car if they get hit

http://nargc.ie/nargc-compensation-fund/

Sleeper12

underthetumb wrote:

He said dog ran into our garden. Anyways the father found him dead in ditch at back of house. Don't know how he got out cos it's a secure pen. No damage to it seemingly. Just looking for info lads. If I am liable that's fair enuf. Could do without the trash talk

That's terrible for the poor dog & your family

kravmaga

underthetumb wrote: »

Hi there. My dog somehow got out of his pen and was struck by a car. I wasn't home and the driver called into my wife and showed damage to car and said he would contact her with quote. She can't find the dog and hasn't seen him since the driver informed her. I wont be home till tonight to look for the poor thing. Where do I stand. Tks

Well I hope you find your dog and hope he/she is okay.
I would say that you as owner could be sued for negligence as the dog should have been in a secure area or pen as you mentioned.
How did the dog break free or escape from the pen onto the road?
Dog not on lead on road? Well I suggest you pay the damage to the injured parties car and hope your dog turns up okay and uninjured.

1ehkrjq6x2opfm

underthetumb wrote: »

Hi there. My dog somehow got out of his pen and was struck by a car. I wasn't home and the driver called into my wife and showed damage to car and said he would contact her with quote. She can't find the dog and hasn't seen him since the driver informed her. I wont be home till tonight to look for the poor thing. Where do I stand. Tks

So sorry to hear you're in this situation. Hope you get your dog back. Did the driver even attempt to take him home or being your wife down to the area where the accident happened? I find it hard to believe that the driver managed to get close enough to your dog to get the address and couldn't have taken him back to your wife?

punisher5112

Nelson Gigantic Hairstylist wrote: »

So sorry to hear you're in this situation. Hope you get your dog back. Did the driver even attempt to take him home or being your wife down to the area where the accident happened? I find it hard to believe that the driver managed to get close enough to your dog to get the address and couldn't have taken him back to your wife?

Ran into their garden and dog is dead. Its on last page.

1ehkrjq6x2opfm

underthetumb wrote: »

He said dog ran into our garden. Anyways the father found him dead in ditch at back of house. Don't know how he got out cos it's a secure pen. No damage to it seemingly. Just looking for info lads. If I am liable that's fair enuf. Could do without the trash talk

Really sorry for your loss. That's really terrible. As for the trolls - you just have to ignore them as it's a part of the online ecosystem unfortunately.

topmanamillion

You`re liable for the damage to the car OP. That's the upshot of it. We`re all responsible for our pets/livestock, its a similar situation to if he got out and bit someone.
It doesn't matter how he got out or any of the circumstances.
Hopefully too much damage wasn't done to the car.

underthetumb

thanks for replies. will investigate pen when i get home. not lookin forward to it. kids are in bits and we only told them he was missin.

cavan shooter

If your an NARGC member the damage done by the dog is covered. Dog claims is probably the highest claims we hear about them at the meetings.

Ring the Fund administrator and let him know.

0ph0rce0

I don't think I be accepting liability for anyone's car just yet.

Any witnesses? Can he prove it? If not then good luck.

If it's that easy could I jump in my car full of dents crash it into a wall and then Bury the next dog that I see on the road then knock in to someone and say here I hit your dog fix my car please.

Sorry about your dog.

Deagol

underthetumb wrote: »

thanks for replies. will investigate pen when i get home. not lookin forward to it. kids are in bits and we only told them he was missin.

Sorry for your trouble OP.. not a nice thing to happen, especially when you're being a responsible owner.

We had a dog years ago used to bolt out the door any opportunity she got and would pretend she couldn't hear us calling her then. The inevitable eventually happened and my ould fella was very upset, he loved the silly ould thing. And it was worse he had to pay for the damage to the neighbours car out of his own pocket as our house insurance didn't cover.
And of course us kids were all mad with him for not just fixing it... kids are so unreasonable..

HensVassal

Just out of curiosity, how does this work if a toddler ran out into the road and got hit by a motorist?

topmanamillion

0ph0rce0 wrote: »

I don't think I be accepting liability for anyone's car just yet.

Any witnesses? Can he prove it? If not then good luck.

If it's that easy could I jump in my car full of dents crash it into a wall and then Bury the next dog that I see on the road then knock in to someone and say here I hit your dog fix my car please.

Sorry about your dog.

Ah will ya stop. :rolleyes:

topmanamillion

HensVassal wrote: »

Just out of curiosity, how does this work if a toddler ran out into the road and got hit by a motorist?

Obviously a different situation. All depends on whether the driver was driving dangerously at the time.
There are regular cases were its simply ruled an accident.

Somebody might be able to give a better indication of how things like damage to a car is sorted but I would imagine insurance companies wouldn't argue the toss in a case like that. Of course knowing insurance companies I may be giving them too much credit.

Miaireland

Hope your dog is ok. I am afraid the driver is correct. Your dog caused an accident, he/she should have been secure.

punisher5112

Miaireland wrote: »

Hope your dog is ok. I am afraid the driver is correct. Your dog caused an accident, he/she should have been secure.

Dog died.

Its owners fault even though not on purpose or whatever.

I really think thread should be shut.

Its a sad time for the op as they have lost a great friend and pet.

ganmo

HensVassal wrote: »

Just out of curiosity, how does this work if a toddler ran out into the road and got hit by a motorist?

in that case the driver is responsible
BUT the parent would likely have a call from social services

Chiparus

I was involved in a case where a motorist was found liable when they hit a dog.

http://www.independent.ie/irish-news/87000-for-woman-injured-by-flying-dog-26581880.html

Galadriel

Chiparus wrote: »

I was involved in a case where a motorist was found liable when they hit a dog.

http://www.independent.ie/irish-news/87000-for-woman-injured-by-flying-dog-26581880.html

But that's a completely different scenario.

punisher5112

Chiparus wrote: »

I was involved in a case where a motorist was found liable when they hit a dog.

http://www.independent.ie/irish-news/87000-for-woman-injured-by-flying-dog-26581880.html

That's different as a person was involved/injured.

In them cases they always pay out to injured party.
Its the going thing these days big time.

Chiparus

Galadriel wrote: »

But that's a completely different scenario.

If you say so.

Chiparus

punisher5112 wrote: »

That's different as a person was involved/injured.

In them cases they always pay out to injured party.
Its the going thing these days big time.

Well the owner could be psychologically injured in the case discussed above.
The question would be was the driver of the car driving in a reasonable manner , i.e. not speeding ?

punisher5112

Chiparus wrote: »

Well the owner could be psychologically injured in the case discussed above.
The question would be was the driver of the car driving in a reasonable manner , i.e. not speeding ?

How will anyone determine speed. Was a guard there with the gun.

Its quite simple.

Cattle got out years ago some fool at night unlocked gates and let them out the damaged a garden a few k up the road. Had to pay for to fix up damage and not long after house changed hands and lovely garden was covered with stone and rubble so car could park in it.

underthetumb

Hi lads. No damage to pen at all. Only thing I can think is he jumped fence. 6 ft. After chatting to wife she informed me d car owner called in and informed her that our dog hit his car, showed her damage done and took her no. And said he would get a quote. My wife had a 6 week old child in her arms nd he never even offered to help look for him. Don't get me wrong, I am not shirking away but if it was me I would have to know what shape d animal was in too.

HensVassal

topmanamillion wrote: »

Obviously a different situation. All depends on whether the driver was driving dangerously at the time.
There are regular cases were its simply ruled an accident.

Somebody might be able to give a better indication of how things like damage to a car is sorted but I would imagine insurance companies wouldn't argue the toss in a case like that. Of course knowing insurance companies I may be giving them too much credit.

Not really obviously at all. If a dog runs and is hit by a passing motorist and the owner of the dog is liable for damage to the car then why would a child being hit exempt the parent from the same responsibility? After all, neither dog nor baby know anything about the problem or threat they pose to passing motorists.

beechwood55

I think if I knocked down and killed a child any damage to my car would be the least of my worries. A friend of my father's did exactly that about 40 years ago and it has affected him ever since. He was completely absolved of blame - child ran out between parked cars on a busy road - but it has stayed with him ever since.

Re the topic of the thread, we have our dog insured - that insurance covers us for any damage caused by her (up to €250,000).

Vegeta

OP really sorry for your loss. It really is a kick you while you're down scenario, lost the family pet AND might have to pay for damage caused. :(

[Mod Note]
Folks can we ease back on the discussion of knocking down children as an argumentative analogy. Thank you
[/Mod Note]

BattleCorp

I'm not saying anything that hasn't been said already but given the information that we have been given so far, it does appear that the dog owner is liable for the damage.

The onus is on the dog owner to keep their dog under control at all times. A loose dog running around the road isn't under control.

It's also important to mention that if there is litigation, it would be a civil claim for damages. Therefore the standard of proof is lower than in a criminal court. It goes on the balance of probability rather than the higher standard of reasonable doubt that is expected in a criminal court.

Would a judge think that the chances are that it was the OP's dog that damaged the car? If the judge read the opening post in this thread, I think that's enough to put the liability at the feet of the OP.

barnaman

Sorry OP for losing a family dog its tough especially as you were responsible and had a pen. Law means you are liable very clear on it.

Control of Dogs Act, 1986


9.—(1) The owner or any other person in charge of a dog shall not permit the dog to be in any place other than—

(a) the premises of the owner, or

(b) the premises of such other person in charge of the dog, or

(c) the premises of any other person, with the consent of that person,

unless such owner or such other person in charge of the dog accompanies it and keeps it under effectual control.

S.I. No. 442/1998 - Control of Dogs Regulations, 1998
6. (1) The owner or other person in charge of a dog shall ensure that such dog shall at all times wear a collar bearing the name and address of the owner inscribed thereon, or on a plate, badge or disc attached thereto.

Not complying with that Reg named address collar is an offence under s.28 of the 1986 Act. Also of course needs to be licensed and c
microchipped.

underthetumb

Well lads. Just quick post on how it finished up. Paid the pr@@k, as I knew myself it was my responsibility. It gauled me tho, as the ****e bag took the collar off the dieing dog as evidence but maintained he just seen the dog run off across the garden. He must have went round back of house to where he was, I don't know. Anyways done now