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

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  • mikey72
    mikey72 Posts: 14,680 Forumite
    McKneff wrote: »
    Good sensible post there dacouch.

    OP, you pay insurance for such eventualites,

    Its only money and its only metal, you and any one of your mates could be lying in a morgue tonigt and apart from anything else this poor man has seen
    his dog killed by a teenager doing 60 miles an hour. Wonder what he's going through tonight.

    Probably grateful the teenager managed to stop, and his dog didn't cause the death of a car full of people swerving to avoid it running out into the road.
  • rev_henry
    rev_henry Posts: 4,965 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If you go down the small claims court route then if you're a student I think you don't have to pay court fees. You can't do it online, you have to get a special form I think but still. Not sure if you are or not but at 18 you're more likely to be a student than most...
  • tired_mum
    tired_mum Posts: 2,340 Forumite
    Hi Propaintballa
    Hope you are ok as it cant have been a particularly nice experience for you or your passengers
    I would go through the insurance i know it will cost more but you have wittnesses and the insurance will fight your corner
    The dog owner is at fault his dog could have killed or maimed someone it is his responsibility to make sure the coller and lead fit properly the same as a driver has a responsibility to make sure their car is roadworthy and safe to drive
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mikey72 wrote: »
    Probably grateful the teenager managed to stop, and his dog didn't cause the death of a car full of people swerving to avoid it running out into the road.

    And probably thinking he can get another dog from the pound for free, as opposed to the O/P either facing a £1K+ bill to fix his pride and joy OR see his insurance premiums skyrocket for years to come.
  • tandraig
    tandraig Posts: 2,260 Forumite
    yes mcKneff - the police should have been informed - I was saving that little titbit til later tho!
    so the police should have been informed
    the insurance company should have been informed
    and the OP is more concerned about the damage to the car.
    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.
    i get the feeling here that OP was exeeding the speed limit - and wants to blame the dog.
    so OP - post back and tell us - were you on a motorway or dual carraigeway?
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    To the O/P

    I'd see a solicitor and see what they think your chances are - and a cost if you should fail. Most solicitors offer a 'first session free' type deal.

    I'd a similar incident years ago in a new car - dark road, black dog, bang. The owner of the dog tried to get me to let his son fix it and showed me how his son had done a 'good job' fixing his car (including the lacquer that was subsequently peeling off but he didnt seem to think that was a problem)

    It turned out he was a farmer and i was able to claim off his public liability insurance. From memory the damage came to nearly £3K
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    tandraig wrote: »
    yes mcKneff - the police should have been informed - I was saving that little titbit til later tho!
    so the police should have been informed
    the insurance company should have been informed
    and the OP is more concerned about the damage to the car.
    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.
    i get the feeling here that OP was exeeding the speed limit - and wants to blame the dog.
    so OP - post back and tell us - were you on a motorway or dual carraigeway?

    You know that soooo typical of the attitude towards young drivers - hes 18, driving his own car, so must have been speeding and it was his fault he hit a dog that shouldnt have been off the lead in the first place.

    Also VERY typical response in this day and age by the owner of the dog - trying to weedle his way out of it rather than face up to his responsibilities.
  • tandraig
    tandraig Posts: 2,260 Forumite
    I know what was bothering me about those photos! the car was remarkably clean! no blood or tissue - which i would not expect. how long after the accident were they taken?
  • tandraig wrote: »
    I know what was bothering me about those photos! the car was remarkably clean! no blood or tissue - which i would not expect. how long after the accident were they taken?

    relevence?
  • Ian_W
    Ian_W Posts: 3,778 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    tandraig wrote: »
    yes mcKneff - the police should have been informed - I was saving that little titbit til later tho!
    so the police should have been informed
    WRONG!
    The police don't have to be informed if the driver exchanged details with the dog owner, never has been the case (since at least the Road Traffic Act 1960) though most people seem to believe it is.
    The driver may also have to report the accident to a police officer or at a police station, in person, as soon as practicable and in any case within 24 hours. This duty arises whenever the driver has not given their name and address at the scene of the accident, whether or not they were asked to do so.
    From CAB website.
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