Dog hit by car - Hit & Run - seeking advice *Mod warning post #50*

HappyChappy93

Hi,

2 nights ago (Sunday) my king Charles dog roamed out of the garden, it was lashing raining and dark so she must have been disorientated as she's never left the garden.

Anyway she was across the other side of the road which is a ditch, I live in in a rural area. Then at about 8.30 pm I heard a very loud car/Jeep driving on the road, what sounded like a car and trailer driving at speed, come up that road and next thing I hear my poor little dog screaming in pain and giving a painful yelp out, the car however never slowed down or stopped and remained at that constant "loud" speed continuing on. I ran out of my house that instant and found her (my dog) on the road struggling to stand on her two front legs, she was alive, but only just.

I picked her up and brought her inside to keep her warm. She was in a bad way, her two back legs were clearly broke as well as her tail. she wasn't making any noise, nothing to suggest she was in pain, which to me was a bad sign. At about 8.45 we brought her into local vet. He took a look and said it's not good, and that she'd probably be better off being put down. We decided to try our best for her and even considered getting surgery even if it cost 2,000 euro we'd try set up a plan. So he gave her some pain relief and calming injections for the night and we brought her home, set her up in her bed, covered her up made her as comfy as possible. I fed her water through a non-needle syringe it's all she could do. It was a long night, I stayed up with her holding her and crying my eyes out.

The next day we brought her to the vet clinic hoping for positive news and a light at end of tunnel, x-ray etc.. but it was not good news, she had to be put down. She had a broken back, spinal injury and no control over bowels. The best thing was to put her down. She was very much loved by us all, she was 8 and nothing like this had ever happened to her.

Now, I'm looking for advice, the car that hit her never stopped or informed us of what happened, nothing. We were willing to move forward and try get back to normal. This is a week before Christmas by the way, and the vet bills went up to 200euro for everything, money which isn't the easiest so close to Christmas, but we loved her dearly.

Two days passed, two days of crying and sadness, and today I was out in garden when suddenly a car pulled over and a woman got out. She straight away said that we owe her money for damage to her car. She showed me a tiny dint in her front bumper, this dint was something u could push out with your hand it was so small. She said that the Guards are involved and we can expect them on Monday (Today is Tuesday) and her mechanic said the total cost is 150 euro. I was gobsmacked, she is a neighbour of mine, we know each other locally. So I said, well the dog is dead anyway to which she replied, oh is it? , no remorse whatsoever just wanted the money.

As I previously stated, this car sounded like it had a trailer, and it did sound like that as I've been listening and seen traffic go up that road for 20 years, I know what a car and trailer sounds like at speed, especially on that road, everything is echoed. I know for sure she has a trailer, but this car she showed was a small car, nothing attached, what I heard sounded like a tractor almost or a jeep going at speed, and again I know she owns a Jeep and a trailer, So now I think she's pulling a fast one.

Anyway, I've looked up various laws and acts relating to the road and to animals, under the Control of Dogs Act 1992 it appears I am at fault for not having my dog under control on a public road, But under the road traffic act 1961 et al she is in the wrong for leaving the scene of an accident and not informing the Garda right away and not informing the owner. She hit my dog and left it there to die in the cold and rain, and she was driving at speed well over the limit of 50km which is what that road is. I believe she was driving home another neighbour of mine, from the pub also and she is known to also drink in that pub, not saying she was under the influence, but why couldn't she stop and only two days later she decides to tell me. Also, she passed my house at least 4 times since then, she passed it the 1st time when she hit the dog, she passed it coming back from dropping off neighbour, she passed it today the 4th time when she pulled in to say it to me. So on at least 4 occasions she passed and didn't inform me of what happened.

I went into the garda station and told this to the Garda in there, he said there was no report of the incident on the system, and that I should return later tonight to speak to the garda who was on duty that night.

I will also be speaking to solicitor as I don't see how I am liable to pay her damages, for one she left the scene and continued on, she could have hit any number of things after that, she has no proof it was MY dog that did THAT damage and she can't legally prove it happened that night. She committed an offence in my eyes and the eyes of the law as she didn't stop or report the accident, it could have been a child she hit, she wouldn't have known.

She mentioned the gards are involved before she ever mentioned my dog or anything about my dog, she's heartless in my eyes, a coward and a con artist.

There was a similar story posted here:

(Space between rollercoaster and .ie - backspace it to get the link)

rollercoaster .ie/Discussions/tabid/119/ForumThread/141377829/Default.aspx

She left the scene of an accident and did not report it right then, so she can not prove that the dog caused the incident.

Where do I stand legally in this situation?

Dakota Dan

HappyChappy93 wrote: »

Hi,

2 nights ago (Sunday) my king Charles dog roamed out of the garden, it was lashing raining and dark so she must have been disorientated as she's never left the garden.

Anyway she was across the other side of the road which is a ditch, I live in in a rural area. Then at about 8.30 pm I heard a very loud car/Jeep driving on the road, what sounded like a car and trailer driving at speed, come up that road and next thing I hear my poor little dog screaming in pain and giving a painful yelp out, the car however never slowed down or stopped and remained at that constant "loud" speed continuing on. I ran out of my house that instant and found her (my dog) on the road struggling to stand on her two front legs, she was alive, but only just.

I picked her up and brought her inside to keep her warm. She was in a bad way, her two back legs were clearly broke as well as her tail. she wasn't making any noise, nothing to suggest she was in pain, which to me was a bad sign. At about 8.45 we brought her into local vet. He took a look and said it's not good, and that she'd probably be better off being put down. We decided to try our best for her and even considered getting surgery even if it cost 2,000 euro we'd try set up a plan. So he gave her some pain relief and calming injections for the night and we brought her home, set her up in her bed, covered her up made her as comfy as possible. I fed her water through a non-needle syringe it's all she could do. It was a long night, I stayed up with her holding her and crying my eyes out.

The next day we brought her to the vet clinic hoping for positive news and a light at end of tunnel, x-ray etc.. but it was not good news, she had to be put down. She had a broken back, spinal injury and no control over bowels. The best thing was to put her down. She was very much loved by us all, she was 8 and nothing like this had ever happened to her.

Now, I'm looking for advice, the car that hit her never stopped or informed us of what happened, nothing. We were willing to move forward and try get back to normal. This is a week before Christmas by the way, and the vet bills went up to 200euro for everything, money which isn't the easiest so close to Christmas, but we loved her dearly.

Two days passed, two days of crying and sadness, and today I was out in garden when suddenly a car pulled over and a woman got out. She straight away said that we owe her money for damage to her car. She showed me a tiny dint in her front bumper, this dint was something u could push out with your hand it was so small. She said that the Guards are involved and we can expect them on Monday (Today is Tuesday) and her mechanic said the total cost is 150 euro. I was gobsmacked, she is a neighbour of mine, we know each other locally. So I said, well the dog is dead anyway to which she replied, oh is it? , no remorse whatsoever just wanted the money.

As I previously stated, this car sounded like it had a trailer, and it did sound like that as I've been listening and seen traffic go up that road for 20 years, I know what a car and trailer sounds like at speed, especially on that road, everything is echoed. I know for sure she has a trailer, but this car she showed was a small car, nothing attached, what I heard sounded like a tractor almost or a jeep going at speed, and again I know she owns a Jeep and a trailer, So now I think she's pulling a fast one.

Anyway, I've looked up various laws and acts relating to the road and to animals, under the Control of Dogs Act 1992 it appears I am at fault for not having my dog under control on a public road, But under the road traffic act 1961 et al she is in the wrong for leaving the scene of an accident and not informing the Garda right away and not informing the owner. She hit my dog and left it there to die in the cold and rain, and she was driving at speed well over the limit of 50km which is what that road is. I believe she was driving home another neighbour of mine, from the pub also and she is known to also drink in that pub, not saying she was under the influence, but why couldn't she stop and only two days later she decides to tell me. Also, she passed my house at least 4 times since then, she passed it the 1st time when she hit the dog, she passed it coming back from dropping off neighbour, she passed it today the 4th time when she pulled in to say it to me. So on at least 4 occasions she passed and didn't inform me of what happened.

I went into the garda station and told this to the Garda in there, he said there was no report of the incident on the system, and that I should return later tonight to speak to the garda who was on duty that night.

I will also be speaking to solicitor as I don't see how I am liable to pay her damages, for one she left the scene and continued on, she could have hit any number of things after that, she has no proof it was MY dog that did THAT damage and she can't legally prove it happened that night. She committed an offence in my eyes and the eyes of the law as she didn't stop or report the accident, it could have been a child she hit, she wouldn't have known.

She mentioned the gards are involved before she ever mentioned my dog or anything about my dog, she's heartless in my eyes, a coward and a con artist.

There was a similar story posted here:

(Space between rollercoaster and .ie - backspace it to get the link)

rollercoaster .ie/Discussions/tabid/119/ForumThread/141377829/Default.aspx

She left the scene of an accident and did not report it right then, so she can not prove that the dog caused the incident.

Where do I stand legally in this situation?

You are responsible for any damage to the car.

aaakev

Sounds like you both ****ed up to be honest, if she knew she hit the dog she should have stopped but you are responsible for the damage

Knine

Sorry about your dog.

Legally you are responsible for any damage caused by your dog wandering but they have to prove it was your dog. Almost every owner I know who thinks their dog won't leave their garden has had a similar tragic ending like yours. Even if they had stopped which they should have, the end result would have been the same.

If you decide to get another dog, then secure your garden.

Tzardine

Personally I would not give her a cent. I would let her bring a civil case.

zoe 3619

So sorry for you.Awful thing to happen and you must be devastated.
Legally,I suspect she's right.
In terms of morals, she's a bitch for be so insensitive and even more of one to not stop and help the dog.

Knine

Tzardine wrote: »

Personally I would not give her a cent. I would let her bring a civil case.

Or he could take responsibility for the accident he knows his dog caused & pay for the damage. I would be very upset if I hit a dog but I would also be very angry if I knew the owner took no precautions to prevent the dog wandering. I would also need my car to be fixed & that does not make me heartless.

Pkiernan

She has to prove it was your dog that caused the damage.
Wait for proof before paying.

HappyChappy93

Thanks for replies, but what I'm getting at here is that she drove off and left the scene without informing either the Gardai or the owner. Two days later she decides to demand money from me. It would be a lot smoother if she had stopped and informed me about it then it could have been settled there and then, But she didn't, she drove on. I would counter her claim that she could have damaged (The dint) her car at any time any place. I would let her bring a civil case against me and would like to see her prove it was my dog that made that dint. That is a highly lit and visible road also, she obviously was going way to fast to be able to stop or slow down. I'm meeting the gardai tonight to discuss this and then a solicitor.

Tzardine

Why are you going to the guards? It would be a civil matter. They would have told the woman the same if she really went to them.

Knine

So she wants €150 to pay for her car but you would rather pay a solicitor? That makes sense. Imagine if it went to court & you have to pay her solicitors costs too?

Yes she should have stopped like a decent person but that does not change the fact that your dog was allowed wander & cause an accident.

Tzardine

Knine wrote: »

Or he could take responsibility for the accident he knows his dog caused & pay for the damage. I would be very upset if I hit a dog but I would also be very angry if I knew the owner took no precautions to prevent the dog wandering. I would also need my car to be fixed & that does not make me heartless.

I say that because according to the Op she is trying to take the piss. He suspects that the car she says is damaged was not involved.

Op has said, and I agree, that if she stopped he would have owned up to any responsibilities. But it sounds like the vehicle involved was not damaged and she is trying to scam him out of €150

HappyChappy93

HappyChappy93 wrote: »

Thanks for replies, but what I'm getting at here is that she drove off and left the scene without informing either the Gardai or the owner. Two days later she decides to demand money from me. It would be a lot smoother if she had stopped and informed me about it then it could have been settled there and then, But she didn't, she drove on. I would counter her claim that she could have damaged (The dint) her car at any time any place. I would let her bring a civil case against me and would like to see her prove it was my dog that made that dint. That is a highly lit and visible road also, she obviously was going way to fast to be able to stop or slow down. I'm meeting the gardai tonight to discuss this and then a solicitor.

Hitting a dog & driving on doesn't count as a hit & run.
I am very sorry about your dog, but unfortunately you are responsible for any damage to her car.

HappyChappy93

Tzardine wrote: »

Why are you going to the guards? It would be a civil matter. They would have told the woman the same if she really went to them.

I'm going to the guards because she brought them into it. Yes, it is a civil matter, but I want to know if she really did report it or if she's using that as a threat to make me pay. I would have no problem claiming responsibility if she had stopped and informed me, checked the dogs welfare, but she didn't. The gardai asked me to come back and talk about it, and I may make a counter report about her hit & run offence.

Plumbthedepths

Personally you are bringing alot of expense upon yourself when you are fully in the wrong. You are solely responsible for securing your property and any animal you own. Your dog was on the public road and caused damage. Best both of you can do is meet your own expenses although the car owner is not obligated to.

Tzardine

Knine wrote: »

So she wants €150 to pay for her car but you would rather pay a solicitor? That makes sense. Imagine if it went to court & you have to pay her solicitors costs too?

Yes she should have stopped like a decent person but that does not change the fact that your dog was allowed wander & cause an accident.

No need to pay a solicitor anything. Call her bluff. See if she really follows through.

Even if she did, it would not go straight to court, likely that the solicitor would just send a few letter to the Op.

Knine

Tzardine wrote: »

I say that because according to the Op she is trying to take the piss. He suspects that the car she says is damaged was not involved.

Op has said, and I agree, that if she stopped he would have owned up to any responsibilities. But it sounds like the vehicle involved was not damaged and she is trying to scam him out of €150

The mechanic could well say though that the damage likely caused by collision with a dog. What I mean is that it would be cheaper to pay her then pay a Solicitor. An awful lot cheaper.

HappyChappy93

In a similar case, the owner of the dog went to a solicitor and the advice he/she gave was this:

"If you hit a farm animal, cat or dog it is classed as damaging someone’s property. You need to stop and inform the Gardai – and in the case of a domestic pet, you need to check for an identity tag and notify the owner immediately."

I've read else where not to pay a penny until everything can be proved. Why should I just hand over 150 just based on her word. Bare in mind, this dog was only about 4Kgs and only the back of her was hit as she was in the ditch stick out, the damage however was on the other side of the car.

harr

Yes she should have stopped, but the OP had no clue as to what car was involved only that it might have been pulling a trailer.
OP has now admitted to her and guards it was his dog so going to and paying a solicitor is probably pointless.
At the end of the day the blame lies with the OP and any civil case will probably go against the owner of the dog in this case.

Danzy

Be grateful they are not taking you to court for big damages on your insurance because you haven't a leg to stand on.

Zero leg to stand on.

Pay for the damages.

It is tough about the dog.

You might get away with it if she did not report it , too late now for her etc but if you go and say it was your dog she hit, then she has all the proof needed and given your 100% responsible, not 99, a 100 %, it could cost you a lot more.

You can try tough it out but just don't pretend to youeself you have a defensible case or are not to blame. You can lie to others if you want.

Unless you blame the dog for not wearing a Hi Vis Vest and running Across the road on a dark, wet night.

I'm being serious in that last bit.

arccosh

the easiest answer here is... what dog?

HappyChappy93

Knine wrote: »

The mechanic could well say though that the damage likely caused by collision with a dog. What I mean is that it would be cheaper to pay her then pay a Solicitor. An awful lot cheaper.

I wouldn't bring solicitor into it unless absolutely necessary but I will seek advice, of which citizen's advice could offer at the very least, and family members who are solicitors.

aaakev

How do you know the dog was in the ditch but dont know what car it was AND dont know if it was pulling a trailer?

Mikefitzs

Very simple - you don't own a dog. She would have to prove otherwise. I'm really sorry for your loss. I love my dogs and wouldn't wish this on anyone.

HappyChappy93

aaakev wrote: »

How do you know the dog was in the ditch but dont know what car it was AND dont know if it was pulling a trailer?

That's where I found her, in the ditch, she goes straight to that spot whenever I brought her for walks. I didn't see the car, only heard it all, and from my experience that is the sound of a car towing a trailer, can even remember hearing all the things rattling in the back of it, very distinct sound. But, I'm not going to be mentioning that to Guards as I can't prove it. But my Gut instinct and my head tells me that was a car towing a trailer.

aaakev

HappyChappy93 wrote: »

That's where I found her, in the ditch, she goes straight to that spot whenever I brought her for walks. I didn't see the car, only heard it all, and from my experience that is the sound of a car towing a trailer, can even remember hearing all the things rattling in the back of it, very distinct sound. But, I'm not going to be mentioning that to Guards as I can't prove it. But my Gut instinct and my head tells me that was a car towing a trailer.

So you dont know the dog was in the ditch, its an assumption so she could have well hit her with the other side of the car.

Is it possible she didn't know what she hit and someone else told her about your dog and she put 2 and 2 together?

Fyi iv seen rabbits hit on the road and crack a bumper, had one go into my wheel well years ago and the liner needed to be replaced so small animals can definitely do a bit of damage

sham58107

Maybe the driver did not realise they even hit the dog, if there was noise as you say.
Completely stupid to claim it was hit and run, you should just pay for damage.

Don't know you gave you details on what happened before, but years ago I hit a dog ( bigger than yours) in the dark in country, went to dog owner, and he said I was speeding !! then he refused to pay so I went to garage and got quote for damage was about € 700 , dog owner did not want to know so he said go to court or through his insurance, which I did, it cost him a lot more than € 900 as insurance company ( mine ) insisted on all new parts and main dealer doing the work.

Sorry about your dog , and yes maybe driver should have stopped, but just pay the €150 and het a new dog and enjoy Christmas

Hoboo

I'd tell her where to go in no uncertain terms. She should have stopped and reported the damage immediately (let alone see how your dog was). Failed to stop, it's her tough luck, could have been a pheasant for all she knows. And tell everyone you know. What a heartless bitch.

tk123

Obviously the dog shouldn’t have gotten out and that’s something you’ve learned the hard way OP I’m sorry about your poor dog.

I don’t understand how a small dog like that could have caused a dent in a jeeps bumper?(I’ve had a few jeeps of various sizes). ...so for that reason I think she’s chancing her arm and I’d call her bluff by doing nothing. Let her insurance company call you and don’t waste your time or money on a solicitor until they do....Thats assuming she’s reported it to her insurance company and given you her details to give to your insurance company..

I’m not dismissing anyone’s responsibility/duty of care but she’s taking the piss

aaakev

tk123 wrote: »

Obviously the dog shouldn’t have gotten out and that’s something you’ve learned the hard way OP I’m sorry about your poor dog.

I don’t understand how a small dog like that could have caused a dent in a jeeps bumper?(I’ve had a few jeeps of various sizes). ...so for that reason I think she’s chancing her arm and I’d call her bluff by doing nothing. Let her insurance company call you and don’t waste your time or money on a solicitor until they do....Thats assuming she’s reported it to her insurance company and given you her details...

As far as we know it was a car not a jeep, thats just a guess

Hoboo

Hoboo wrote: »

I'd tell her where to go in no uncertain terms. She should have stopped and reported the damage immediately (let alone see how your dog was). Failed to stop, it's her tough luck, could have been a pheasant for all she knows. And tell everyone you know. What a heartless bitch.

Why would you stop if you hit a pheasant?