Courier hits dog on private property

percy212

He is ok apart from a dislocated hip but the costs today were significant. Anyone know if I can contact the courier company with a view to recouping costs?

Profiler

Was it a bicycle courier or a car/motorbike courier?

Bullseye1

The dog was hit by the vehicle? If you have the couriers details including reg etc you should contact them ASAP and tell them you want to claim the medical costs against their insurance. They will of course argue that even if its on private property dogs should be under control in areas where deliveries or the public enter.

percy212

Yes, the dog was hit by a large delivery van. I don't have the reg. number. Just the company name, driver first name, and driver mobile number, along with tracking number etc, date, time of delivery. I will write the company a registered letter tomorrow outlining what happened and see where it goes. It would be nice if they could refund the medical costs. Bit of a shock to the wallet. Main thing is the old boy is ok, but still, bit of a shock...

muddypaws

By law you have to stop and report an accident involving a dog, did the driver stop? I realise its on private property, so that may be different, but probably not. glad the dog is okay.

Sam Kade

muddypaws wrote: »

By law you have to stop and report an accident involving a dog, did the driver stop? I realise its on private property, so that may be different, but probably not. glad the dog is okay.

By law if you hit a dog and there is damage to your car as a result you can claim damages from the dog owner.

percy212

Thanks Muddy. No he didn't stop. Its possible he didn't realize I suppose as the van is quite big and the dog was somehow caught from the side, dragged underneath, and then spat out worse for wear, from under the back end of the van. Mind you there was a lot of yelping and the sight of me running frantically out to pick up the yelping dog.....still if he wasn't looking in his rear view mirror and had the radio on at the time...trying to think well of humanity here! Poor thing is sleeping off major anesthetic at the moment. He is in for quite a bit of pain and inside time.....I will definitely follow up with the company by post tomorrow.

percy212

Sam Kade wrote: »

By law if you hit a dog and there is damage to your car as a result you can claim damages from the dog owner.

Its doubtful a large commercial delivery van sustained any damage by dragging a small dog underneath it, but thanks for that useful tidbit. I look forward to being a massive pain in the hole to the company in question when they bring up stupid **** like that.

Profiler

Sam Kade wrote: »

By law if you hit a dog and there is damage to your car as a result you can claim damages from the dog owner.

If you hit a dog and it's your fault then you can't claim for damages against the owner.

percy212, sounds to me like you have all the information you need to pursue a claim.

What I would do first is report it to your local Garda station and then I'd ring the Courier company (give them the station and the name of the Garda you spoke to) and tell them you intend to claim costs against them.

Hope the wee fella is back to his best real soon.

Calhoun

Profiler wrote: »

If you hit a dog and it's your fault then you can't claim for damages against the owner.

percy212, sounds to me like you have all the information you need to pursue a claim.

What I would do first is report it to your local Garda station and then I'd ring the Courier company (give them the station and the name of the Garda you spoke to) and tell them you intend to claim costs against them.

Hope the wee fella is back to his best real soon.

Did the truck drive sideways into the dog ? By the ops own admission it was hit from the side . I'm not sure of the law when it comes to private land but considering the area in question was public would it not be a case of the dog was not under control?

percy212

Calhoun wrote: »

Did the truck drive sideways into the dog ? By the ops own admission it was hit from the side . I'm not sure of the law when it comes to private land but considering the area in question was public would it not be a case of the dog was not under control?

Yes, the truck was actually a hovercraft from the future which was delivering a flux capacitor to my house.

As stated previously the road is PRIVATE and is only accessible via a moat.

ardle1

Hi, hope your dog has a full recovery,and comes out stronger and 'brighter' than ever.....
My friend (fellow taxi driver) hit a dog and killed him last year,, he struck him at high speed (above the areas speed limit)by his own admission,and in front of the owner and his two kids in broad daylight, basically, after a COMPLETE ear bashing he whent on his way, later he discovers the family were trying to pursue a court action against him, now I don't know the ins and outs of their action and I know it happened on a public road, but at the end of the day everything was hearsay,and no cash ever passed hands......... just a wee heads up my friend!

percy212

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You dont say it

Sam Kade wrote: »

By law if you hit a dog and there is damage to your car as a result you can claim damages from the dog owner.

Unheard of. If you hit anything with a car you pay the damages. Support your statement with a link of the law.

maggiepip

If your dog is uncontrolled (off lead) and causes an accident the owner can be held responsible......just a side note as Im sure this doesnt relate to "private road":D

DBB

OP, I would strongly suggest you post in a less sarcastic fashion. If people have not fully grasped your circumstances first time round, please explain so to them in a civil fashion which reflects the fact that people are trying to help you.
Do not reply to this post on thread.
Thanks,
DBB

aonb

Nightmare situation - poor dog! OP let us know what the Gardai say and the courier company.
A couple of years back, my little daughter on her bike, crossed through a crossroads beside our house without stopping - in the middle of nowhere, never any traffic, she didnt hear a car coming, hit the car, daughter lying in the road, covered in blood, shocked, the owner told me she was going to call to me (we're on our way to A&E) to talk about me paying compensation for the damage to her car!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Sorry, thats a bit off topic :rolleyes:

NinjaTruncs

percy212 wrote: »

As stated previously the road is PRIVATE and is only accessible via a moat.

Was your drawbridge up or down at the time?

But seriously is the road gated? if not it may not be considered a private road. I understand you have stated it's a private road but saying and being are two different things.

Calhoun

percy212 wrote: »

Yes, the truck was actually a hovercraft from the future which was delivering a flux capacitor to my house.

As stated previously the road is PRIVATE and is only accessible via a moat.

What I meant was if the dog was lying down and he ran directly over it fair enough but if it went in under at the side and came out the back I'm assuming the dog was chasing the truck or ran out from somewhere . I'm just asking the question because how was the dog sucked in from a sideways angle .

Private road or not if the above happened how can the driver be 100% liable ?

ardle1

ardle1 wrote: »

Hi, hope your dog has a full recovery,and comes out stronger and 'brighter' than ever.....
My friend (fellow taxi driver) hit a dog and killed him last year,, he struck him at high speed (above the areas speed limit)by his own admission,and in front of the owner and his two kids in broad daylight, basically, after a COMPLETE ear bashing he whent on his way, later he discovers the family were trying to pursue a court action against him, now I don't know the ins and outs of their action and I know it happened on a public road, but at the end of the day everything was hearsay,and no cash ever passed hands......... just a wee heads up my friend!

percy212 wrote: »

private road. private road. private road. private road. private road. private road.private road. private road. private road.private road. private road. private road.private road. private road. private road.private road. private road. private road.private road. private road. private road.private road. private road. private road.private road. private road. private road.private road. private road. private road.private road. private road. private road.private road. private road. private road.private road. private road. private road.private road. private road. private road.private road. private road. private road.

Well, get your parcels dropped of at the gate in future, am just saying there doesn't seem to be much sympathy out there for dogs unleashed or for any animals. Oh and 'we' all know it was a private rd:rolleyes:

percy212

Thank you everyone. Its a gated private road. There are two gates in fact. One at the entrance to the road, and one at the entrance to the house. I don't keep the dogs on a leash while they are on the property. The dog is recovering nicely.

percy212

ok how about - BANNED!!!!

I am now banning myself. Too much stupidity on this thing anyway.

DBB wrote: »

OP, I would strongly suggest you post in a less sarcastic fashion. If people have not fully grasped your circumstances first time round, please explain so to them in a civil fashion which reflects the fact that people are trying to help you.
Do not reply to this post on thread.
Thanks,
DBB

anniehoo

percy212 wrote: »

ok how about - BANNED!!!!

I am now banning myself. Too much stupidity on this thing anyway.

Consider yourself warned percy212. You've intentionally ignored DBBs instructions not to reply to her post.

fathead82

It can happen very easily,I used to be a postman & ran over someones sheepdog with the post van while driving out their lane,he ran up beside the van & then jumped in front of it. Between the bump & the squealing,there was no way you couldnt know you ran over him.
Dog ran off,I offered to take him to the vet but the woman told me he would be fine,he was fine & was back chasing the van the next day!

JustAThought

Im really sorry to head about your dog OP - what an awful thing to happen.

Yes definately claim off their insurance.

And send the letter by registered post .

Your poor dog may need further medical follow up care so don't make the mistake I did & close the case or claim too soon.

Poor dog.

Btw did the courier ring to gain admittance or did he open the gate to your private road (!) by himself without asking?

Get well soon pooch.

Cuddlesworth

JustAThought wrote: »

Yes definately claim off their insurance

I really don't understand how the delivery company is liable for the damage to the dog.

He didn't run over the dog, the dog ran into him.

If the dog was liable to chase vehicles, then the gates should be locked and vehicles refused entry or the dog should be better secured. Take some responsibility for your animal.

uck51js9zml2yt

Cuddlesworth wrote: »

I really don't understand how the delivery company is liable for the damage to the dog.

He didn't run over the dog, the dog ran into him.

If the dog was liable to chase vehicles, then the gates should be locked and vehicles refused entry or the dog should be better secured. Take some responsibility for your animal.

have to agree. if they dog hit the van from the side the driver couldn't have hit it.it's a physical impossibility for him to drive sideways.

gobo99

Apollo Straight Radio wrote: »

have to agree. if they dog hit the van from the side the driver couldn't have hit it.it's a physical impossibility for him to drive sideways.

If you're driving in a straight line, however if you are turning, going around a bend then obviously you can hit some thing beside the vehicle.

sandin

aonb wrote: »

Nightmare situation - poor dog! OP let us know what the Gardai say

Nothing to do with the gardai - the driver did not commit an offence.


As for the "private land" lark - sorry, by ordering online for home delivery you gave permission for the driver to be on your land, so this part is of no consequence.

If the driver was on the roadway and driving in a normal careful manner and the dog ran out under the truck, then tough, its not the drivers fault in any way whatsoever.

You know you have a dog, you knew you had a delivery coming, you need to have some responsibility.

Sam Kade

percy212 wrote: »

Its doubtful a large commercial delivery van sustained any damage by dragging a small dog underneath it, but thanks for that useful tidbit. I look forward to being a massive pain in the hole to the company in question when they bring up stupid **** like that.

Read my post again and take note of the word if Damage or no damage the driver is not responsible.

Profiler wrote: »

If you hit a dog and it's your fault then you can't claim for damages against the owner.

Have a read of this thread
http://www.boards.ie/vbulletin/showthread.php?t=2056369747

ShaShaBear

My dog attacks the letterbox when people put stuff in it. Rather than continue to let him, when I see the post man, I send him to bed. I have since caught the post man and asked him to knock first and pass through the door. Shadow came out and said hello and got a nice scratch off the post man.

I wouldn't just let him attack people's hands lest one day someone shove a knive through the letterbox at the dog. And then try to claim that it is the person outside doing their job who is at fault??

Your dog ran at a van while it was moving, went under it from the side and came out the back. The dog is actually at fault and you're probably lucky (for both the dog and driver's health) that the van wasn't moving faster when the dog hit it. You have hopefully learned a lesson and will control your dog in future.

If the man drove like a wild thing around your estate and into your garden, doing a mad u-turn and smashing into the dog, then drove off like a bat out of hell without you having a clue who he was or why he did it, then yes - you could have some rights with regard to your property being private and him not supposed to be there. But you paid for something to be delivered to your house. He was there, doing the job you paid him to do. Private road means diddly squat.