dog knocked down. am I liable for car damage

Deagol

underthetumb wrote: »

thanks for replies. will investigate pen when i get home. not lookin forward to it. kids are in bits and we only told them he was missin.

Sorry for your trouble OP.. not a nice thing to happen, especially when you're being a responsible owner.

We had a dog years ago used to bolt out the door any opportunity she got and would pretend she couldn't hear us calling her then. The inevitable eventually happened and my ould fella was very upset, he loved the silly ould thing. And it was worse he had to pay for the damage to the neighbours car out of his own pocket as our house insurance didn't cover.
And of course us kids were all mad with him for not just fixing it... kids are so unreasonable..

HensVassal

Just out of curiosity, how does this work if a toddler ran out into the road and got hit by a motorist?

topmanamillion

0ph0rce0 wrote: »

I don't think I be accepting liability for anyone's car just yet.

Any witnesses? Can he prove it? If not then good luck.

If it's that easy could I jump in my car full of dents crash it into a wall and then Bury the next dog that I see on the road then knock in to someone and say here I hit your dog fix my car please.

Sorry about your dog.

Ah will ya stop. :rolleyes:

topmanamillion

HensVassal wrote: »

Just out of curiosity, how does this work if a toddler ran out into the road and got hit by a motorist?

Obviously a different situation. All depends on whether the driver was driving dangerously at the time.
There are regular cases were its simply ruled an accident.

Somebody might be able to give a better indication of how things like damage to a car is sorted but I would imagine insurance companies wouldn't argue the toss in a case like that. Of course knowing insurance companies I may be giving them too much credit.

Miaireland

Hope your dog is ok. I am afraid the driver is correct. Your dog caused an accident, he/she should have been secure.

punisher5112

Miaireland wrote: »

Hope your dog is ok. I am afraid the driver is correct. Your dog caused an accident, he/she should have been secure.

Dog died.

Its owners fault even though not on purpose or whatever.

I really think thread should be shut.

Its a sad time for the op as they have lost a great friend and pet.

ganmo

HensVassal wrote: »

Just out of curiosity, how does this work if a toddler ran out into the road and got hit by a motorist?

in that case the driver is responsible
BUT the parent would likely have a call from social services

Chiparus

I was involved in a case where a motorist was found liable when they hit a dog.

http://www.independent.ie/irish-news/87000-for-woman-injured-by-flying-dog-26581880.html

Galadriel

Chiparus wrote: »

I was involved in a case where a motorist was found liable when they hit a dog.

http://www.independent.ie/irish-news/87000-for-woman-injured-by-flying-dog-26581880.html

But that's a completely different scenario.

punisher5112

Chiparus wrote: »

I was involved in a case where a motorist was found liable when they hit a dog.

http://www.independent.ie/irish-news/87000-for-woman-injured-by-flying-dog-26581880.html

That's different as a person was involved/injured.

In them cases they always pay out to injured party.
Its the going thing these days big time.

Chiparus

Galadriel wrote: »

But that's a completely different scenario.

If you say so.

Chiparus

punisher5112 wrote: »

That's different as a person was involved/injured.

In them cases they always pay out to injured party.
Its the going thing these days big time.

Well the owner could be psychologically injured in the case discussed above.
The question would be was the driver of the car driving in a reasonable manner , i.e. not speeding ?

punisher5112

Chiparus wrote: »

Well the owner could be psychologically injured in the case discussed above.
The question would be was the driver of the car driving in a reasonable manner , i.e. not speeding ?

How will anyone determine speed. Was a guard there with the gun.

Its quite simple.

Cattle got out years ago some fool at night unlocked gates and let them out the damaged a garden a few k up the road. Had to pay for to fix up damage and not long after house changed hands and lovely garden was covered with stone and rubble so car could park in it.

underthetumb

Hi lads. No damage to pen at all. Only thing I can think is he jumped fence. 6 ft. After chatting to wife she informed me d car owner called in and informed her that our dog hit his car, showed her damage done and took her no. And said he would get a quote. My wife had a 6 week old child in her arms nd he never even offered to help look for him. Don't get me wrong, I am not shirking away but if it was me I would have to know what shape d animal was in too.

HensVassal

topmanamillion wrote: »

Obviously a different situation. All depends on whether the driver was driving dangerously at the time.
There are regular cases were its simply ruled an accident.

Somebody might be able to give a better indication of how things like damage to a car is sorted but I would imagine insurance companies wouldn't argue the toss in a case like that. Of course knowing insurance companies I may be giving them too much credit.

Not really obviously at all. If a dog runs and is hit by a passing motorist and the owner of the dog is liable for damage to the car then why would a child being hit exempt the parent from the same responsibility? After all, neither dog nor baby know anything about the problem or threat they pose to passing motorists.

beechwood55

I think if I knocked down and killed a child any damage to my car would be the least of my worries. A friend of my father's did exactly that about 40 years ago and it has affected him ever since. He was completely absolved of blame - child ran out between parked cars on a busy road - but it has stayed with him ever since.

Re the topic of the thread, we have our dog insured - that insurance covers us for any damage caused by her (up to €250,000).

Vegeta

OP really sorry for your loss. It really is a kick you while you're down scenario, lost the family pet AND might have to pay for damage caused. :(

[Mod Note]
Folks can we ease back on the discussion of knocking down children as an argumentative analogy. Thank you
[/Mod Note]

BattleCorp

I'm not saying anything that hasn't been said already but given the information that we have been given so far, it does appear that the dog owner is liable for the damage.

The onus is on the dog owner to keep their dog under control at all times. A loose dog running around the road isn't under control.

It's also important to mention that if there is litigation, it would be a civil claim for damages. Therefore the standard of proof is lower than in a criminal court. It goes on the balance of probability rather than the higher standard of reasonable doubt that is expected in a criminal court.

Would a judge think that the chances are that it was the OP's dog that damaged the car? If the judge read the opening post in this thread, I think that's enough to put the liability at the feet of the OP.

barnaman

Sorry OP for losing a family dog its tough especially as you were responsible and had a pen. Law means you are liable very clear on it.

Control of Dogs Act, 1986


9.—(1) The owner or any other person in charge of a dog shall not permit the dog to be in any place other than—

(a) the premises of the owner, or

(b) the premises of such other person in charge of the dog, or

(c) the premises of any other person, with the consent of that person,

unless such owner or such other person in charge of the dog accompanies it and keeps it under effectual control.

S.I. No. 442/1998 - Control of Dogs Regulations, 1998
6. (1) The owner or other person in charge of a dog shall ensure that such dog shall at all times wear a collar bearing the name and address of the owner inscribed thereon, or on a plate, badge or disc attached thereto.

Not complying with that Reg named address collar is an offence under s.28 of the 1986 Act. Also of course needs to be licensed and c
microchipped.

underthetumb

Well lads. Just quick post on how it finished up. Paid the pr@@k, as I knew myself it was my responsibility. It gauled me tho, as the ****e bag took the collar off the dieing dog as evidence but maintained he just seen the dog run off across the garden. He must have went round back of house to where he was, I don't know. Anyways done now

punisher5112

He shouldn't have left the dog. Did the driver report the collision to gardai?

They should have done so. And to be honest very bad form.

As said before very sorry to hear about your loss.