Insurance Query (pet hit by car)

Comer · July 26, 2004, 15:57

Does anyone know how a driver stands legally if they hit a cat that runs into the path of their car whilst the driver was obeying the speed limit and has witnesses to confirm that.

Liz · July 26, 2004, 16:09

Are they trying to claim against you Michael, is the car now departed or injured?

Anonymous · July 26, 2004, 16:10

IMHO, I think it's completely legal to run over a cat.. although illegal to run over a dog?!

Hope it wasn't you who was unlucky enough to hit the poor beast - I felt bad enough when I ran over a rabbit that leapt onto a dual carriageway right in front of me!

Anonymous · July 26, 2004, 16:10

Poor cat.

It's illegal to swerve or apply your breaks in any unsafe way (i.e. emergency stop), unless it's human of course.

Anonymous · July 26, 2004, 16:13

Quote from: "Liz"Are they trying to claim against you Michael, is the car now departed or injured?

Liz, do you mean "car", or is it a typo and you meant "cat"?! s:wink: :wink: s:wink:

Sorry, couldn't resist!

Liz · July 26, 2004, 16:36

Quote from: "c_a_r_t_e_r"
Quote from: "Liz"Are they trying to claim against you Michael, is the car now departed or injured?

Liz, do you mean "car", or is it a typo and you meant "cat"?! s:wink: :wink: s:wink:

Sorry, couldn't resist!

s:oops: :oops: s:oops: Well the letters are next to one another on the keyboard!! s:)

s:)

Have checked with Simon, Michael has no legal obligations in relation to having run over a cat, as a cat is not an "animal" as per the definition in the road traffic act...these animals before anyone asks are dogs, cows, pigs, sheep, horses and some more which Simon can't remember off the top of his head.

Is your car damaged and that is what the problem is? or are the cat owners after compensation etc?

Comer · July 26, 2004, 16:36

The poor cat tried to run off after it was dragged under my car but it's back leg was obviously broken and it ended up falling into the canal s:(

s:(

Once these two chaps got the cat out of the water, myself and all the witnesses couldn't trace an owner but one lady kindly brought out a blanket and cardboard box from her work and whisked it off to the vets whilst I was still in a daze.

I really wanted to contact the vets to see if it was ok (then again I might end up feeling worse) but I need to know what sort of trouble might get thrown my way if I do / don't etc. I feel bad enough as it is.

Liz · July 26, 2004, 16:39

Just reading as you updated Michael and Simon is sitting with me, you have no legal obligations whatsoever as far as traffic law is concerned.

Poor soggy moggy, weren't his day was it! s:? :? s:?

Anonymous · July 26, 2004, 16:40

Quote from: "Comer"Does anyone know how a driver stands legally if they hit a cat that runs into the path of their car whilst the driver was obeying the speed limit and has witnesses to confirm that.

All in the clear; cats are legally deemed independent creatures, and (although not relevant here), owners are not liable for their actions. This is unlike dogs, which are deemed trainable, ie not independent, and owners are often liable for their actions.

(IANAL, usual disclaimer applies, etc, etc; although I my cat was hit by a car once in similar circumstances (and survived thankfully)).

Comer · July 26, 2004, 16:46

Quote from: "Liz"Is your car damaged and that is what the problem is? or are the cat owners after compensation etc?

Thanks for checking with Simon for me and cheers for that Phil. My car is fine although I wasn't thinking straight when I looked at it and I'll check it again later.

No one said I was in the wrong but I hung around long enough for anyone to recognise me and my car again it's just that I wondered whether the cat's owners can claim or whatever against me. It wasn't a hit n run or anything.

I can't believe how close I was at the point when it first ran out. It missed the car coming the other way and ran straight into my path. My car stopped really quick but I think the damage was done on the contact what with my car being lowered.

Liz · July 26, 2004, 16:50

No worries, its not nice hitting an animal, I wiped out a badger with my Calibra and killed it, not a nice thing to happen.

Humble Jim · July 26, 2004, 18:44

Quote from: "Comer"The poor cat tried to run off after it was dragged under my car but it's back leg was obviously broken and it ended up falling into the canal s:( s:(

Blimey. My first thought when I read that was that the poor thing had obviously just used it up its nine lives s:(

s:(

Very sad, it's not nice for it and it's not nice for you. I hit a possum in New Zealand last year and it died immediately. Although it's rated a pest there (an unwanted import) I still felt bad about it. There were no insurance ramifications though.

I guess a quick call to your insurance company would be good start Comer? Perhaps anonomously if you like. Ask the question "am I covered for such and such scenario" and cite your recent experience. Then if the theoretical claim ever comes your way you know a bit about the ground you're standing on/backing you might get. Confirm if you're covered for legal fees too - you may or may not be on your policy as it's usually an option.