What happens now?

happydays_70

What happens if a dog is hit by a car?
Is the dog owner liable for repairs to the car? What insurance covers that?

Fosterdog

I'm not sure on the law but who's fault was it? Dog running out and driver had no time to stop and no time to react or driver not paying attention, possibly driving too quickly?

Two dogs have been run over outside my house (very dangerous road gets around a dozen cats each year and a dog every year it two) the first one the driver was doing not far off 50mph in a 30 zone, although dog shouldn't have been in the road the driver was not paying close enough attention and going too quick. He admitted straight away he was at fault and covered all dogs vet fees (luckily nothing broken but some painkillers and X-rays, dog was fine) there was some damage to the car but the driver didn't care about that.

The second one happened at night where a dark dog got loose and ran straight into a cars path, the driver couldn't possibly have seen the dog before it ran out from behind a parked car. The car wasn't speeding but hit the dog in such a way that it was killed instantly. The driver was not at all at fault, it was a chain of unfortunate circumstances and couldn't be avoided. Driver felt awful, no damage to the car at all.

In the first instance the driver should cover most if not all of any costs, the dog shouldn't have been in the road but accident was caused by dangerous driving it was broad daylight with good visibility. In the second instance it is either 50/50 or the dog owner paying most of the costs as driver couldn't possibly have seen the dog and no time to stop before it was all over, dog shouldn't have been in the road in the first place and it was poor judgement on the owners part that meant the dog was in the road.

krlyr

Dog owner liable if it was unavoidable for the driver hitting the dog - bit like Fosterdog's second example. Dog owner may have third party liability cover with the dog insurance, which covers incidences like this. If not, possibly covered by some home insurance, but not always.

As an aside from liability, you may not be aware that the driver is legally required to stop and report hitting a dog (doesn't apply to cats/wild animals)

http://www.wheelsatonce.com/Press%20release%201%20-%20Personal%20injury.htm
http://www.trafficaccidentadvice.co.uk/yourrightsinanaccidentcausedbyanimals.html

happydays_70

Thanks for your comments/advice.
I just want to be aware of all eventualities to see if it is covered on either parties insurance and if blame can be thrown around. I hope not. Just want to know all our rights I suppose.

krlyr

Do you have pet insurance?

Mupette

you need to tell us a bit more, we can point at either.

Why did the driver hit your dog?
Did your dog escape?

happydays_70

No I don't krlyr

happydays_70

The dog is injured actually- a few grazes.
It all happened quickly. I don't want to be cynical but it's not really about what actually happened sometimes, it's about what people can claim. I would like to think that the driver will act correctly - I do not want to throw blame at anyone.

Fosterdog

Again it would depend on what is reasonable.

If the dog just happened to escape, it was middle of the day in very good visibility conditions in a residential area and the driver should have seen the dog then the driver is more to blame, I know it wasn't a child but what if it had been, the driver should be aware enough of what is going on around them. It would also depend on the size of the dog, a large mastiff would be bigger than a child so should have been seen, a small teacup yorkie would be under the car before the driver would know anything was there.

If the dog is regularly walked next to roads without a lead and out of a residential area where speed limits are higher then IMO the owner is completely to blame and has not only put their dogs life at risk but also the lives of anyone who could be in a car that could crash to avoid the dog if it were to run into the road.

How safe would it have been for the car in question to swerve? If they couldn't stop in time and their two options were run over a dog or swerving into a head on collision then they did the right thing.

If the dog just has a few grazes I'm guessing the incident wasn't too bad, how much damage has been done to the car?

When you say about claiming do you mean you want to claim against the driver or that you are worried that the driver will claim against you?

If it's not too late take photos of the injuries to your dog and of the area it happened and try to remember the positions of all other obstacles in the area such as parked cars to get a clearer idea of whether it should have been preventable by either party.

happydays_70

He is a Labrador. When you don't know what to expect from a stranger you need to know where you stand in case he thinks he can sue!!
I will take pics of his cuts. He is ok today. By the way I am worried about the dog too I just don't know the driver and just want to know what could happen.

Thanks for your response. It was a clear road. My daughter saw him, shouted me, I jumped up and saw it all happen. Poor dog. Poor driver.
Do I offer to pay for the car?Do I have to?

Mupette

Has the dog been seen by a vet btw.

Why was the dog out?