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I Hit A Dog With My Car - Advice On Court Action

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  • UKTigerlily
    UKTigerlily Posts: 4,702 Forumite
    Part of the Furniture 1,000 Posts
    No useful advice regarding the money side of things & i'm a Dog owner & animal lover & not a driver so just my thoughts really! I'm unclear as to whether the Dog was off lead or slipped it's lead, I think you say (OP) it was off lead but the Owner kept changing his story? If off lead then it's entirely the fault of the Owner, no sensible person would let a Dog off lead near a road whatever the speed limit & however well trained the Dog & most rescues that deal with retired Greys will say sometimes they shouldn't go off lead at all, it's the norm it seems for rescues to say to have it muzzled & on a lead!

    Of course if it slipped its collar then that was an accident & nobody is to blame, in which case i'd call it quits & not try to claim as you lost out financially but the Dog Owner lost his pet. (Greys are apparently masters at slipping collars!)

    My Groomer had one of her sighthounds slip a collar (Or get free somehow) & chase a Cat out into a road where he was also killed by a car, she only blamed herself even though nobody was to blame & was quite happy to pay any bills the driver had.

    And to those saying the OP shouldn't have gone at 60 & should've been able to stop I have two things to say

    1) Isn't it the case (Correct me if wrong I only took a few lessons many years back) that you should stick close to - not over - the speed limit? So not much under? In which case he could hardly go at 30mph surely?

    2) My ex hit a Cat once (I was in the car so saw it all) & he can't have been going over 30, i'd say maybe 20mph/25mph at a guess, it ran out so fast he couldn't stop. Ok he didn't kill it but as a passenger I was hysterical so I know how it feels to witness that let alone be the driver.

    As for 'It could've been a child, it wasn't. If parents walk by that road with their kids they should have them on reins or whatever restraint is used nowdays.
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    McKneff wrote: »
    Your post insenced me, i did not judge the 18 year old, At no time in my post did i say the OP was speeding, did i'
    60 mph is not speeding and i
    was merely speculating what the dog owner was probably thinking. The dog had been on a lead and slipped it, so the OP said.

    The owner of the dog was not trying to weedle his way out of his responsibilites, he admitted that his dog had slipped his lead. Most people want to face up to their responsibilites but if you had no resources ie money wise, what can you do.

    Your jugement of me and my post was unwarranted and insulting.
    You should read my post again.

    Ok i will read it again...

    McKneff wrote: »

    and the OP is more concerned about the damage to the car.

    As opposed to what exactly??? What should he have been concerned about?? The guy is going to be out serious dosh to fix his car - and the dog owner is trying to weedle out of it
    McKneff wrote: »

    and the OP has stated they were doing 60 but havent said anything about what the road was? whether it was a motorway, dual carraigeway, urban road, or even a farm lane.

    There is no relevance of what road the o/p was on - unless of course you're implying he was speeding?
    McKneff wrote: »

    i get the feeling here that OP was exeeding the speed limit- and wants to blame the dog.

    Oh, yes you WERE implying he was speeding? You said above that at no point did you say he was speeding - well there it is in black and white ;)
    McKneff wrote: »

    so OP - post back and tell us - were you on a motorway or dual carraigeway?

    Very obviously implying that you thought the o/p was speeding - i mean who would walk a dog on a motorway????
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 March 2010 at 9:15AM
    McKneff wrote: »
    and just to add, just because there is a 60mph limit on a road, doesnt mean you have to drive at 60pmh.

    AND you're STILL banging on about the speeding - even though you said you didnt.
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 March 2010 at 9:15AM
    McKneff wrote: »

    Like i say, if you have contacted your insurance company your premium will go up anyway now, and i certainly hope so, it may make you drive a bit slower so that you would be able to stop if it was a child,

    And STILL banging the speeding drum - even though you said you didnt.
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 March 2010 at 9:14AM
    mollycat wrote: »
    You know im beginning to think that either,

    1. This didnt happen and this troll is taking the mickey,

    OR

    2. We have an immature, spoiled brat who thinks bashing his car is the most important thing thats happened today.

    OP if its No 1....well done, you're a hoot :D

    If its No 2...Cant Daddy increase ones allowance :o

    What an !!!!!! you are.

    This 18 year old kid is looking at a £1K+ bill for something that isnt his fault.

    What about the dog owner. Is it ok for them to shirk their responsibilities??

    WHY is the O/P a spoilt brat? For having a car at 18?

    Your post really smacks of having a chip on your shoulder.

    Sad, very sad
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker

    Of course if it slipped its collar then that was an accident & nobody is to blame,

    Not sure if I agree with this. A properly fitting collar and or slip lead should never come off the dog.

    OP go and speak to the owner and get a feel of their circumstances etc and then decide how to proceed. Court action could be a waste of money if they have no way to pay.
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hintza wrote: »
    Not sure if I agree with this. A properly fitting collar and or slip lead should never come off the dog.

    OP go and speak to the owner and get a feel of their circumstances etc and then decide how to proceed. Court action could be a waste of money if they have no way to pay.

    +1

    Though it is frustrating that someone can just simply say 'sorry i've no money'
  • Thanks for the further posts guys, and at UKTigerLily, this might come across as a bit lame and uncaring, but i also owned a dog like i said previously. It still comes down to HIS dog not being in control. I know you can get harness' which tend to be used for dogs that are a bit "Funky" on the lead, so, whatever the ACTUAL story is that actually happened whether it slipped out or he did let it off, then it could have been prevented if he had taken the correct precautions.

    The minute the incident happened and he went to go get his van, i was talking to a passer by and he was saying how he saw the whole thing and there was nothing i could do etc. At that point when the owner came over, he admitted full responsibility, he put his arm around me and said it's not your fault son, there was nothing you could do. Soon after that he was saying how she's a rescued racing dog and how this was the first time she was off the lead...

    But yeh, i know what the crazy dogs are like on the lead... I got dragged along the pavement my my staffy once :P
  • tabskitten
    tabskitten Posts: 1,329 Forumite
    If the dog was off a lead near a main road- accident or not - the owner has to take responsibility. END OF STORY

    A very unfortunate situation which could have been avoided by either keeping the dog on the lead or eusuring that the correct fitting coller (or harness) is being worn.

    The speed being driven at is totally irrelevant, as are the driving skills of the OP.
    :silenced:
    I think tabskitten is a crying, walking, sleeping, talking, living troll :cool:
  • molerat
    molerat Posts: 34,655 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 March 2010 at 10:02AM
    somech wrote: »
    he was driving to the speed limit we can't all drive around at 20mph thinking what if...
    Looks like a lot of posters on here do, they must be the ones I come across every Sunday :think:

    Sounds like a simple case of owner not having dog under control. Guilty as charged. I am afraid OP is either going to have go through insurance and hope they manage to reclaim it or sue dog owner. The least hassle is going to be insurance. At least that way the car will get fixed quickly. It is going to cost but I am afraid !!!! happens as they say.
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