Car damaged by farm animal on roadway, going to small claims court

edenrose

Registered User
Messages
16
I had by car damaged by a farm animal recently. Was driving into work recently coming up to a bad bend in the road whish you can only take at 30-35 miles per hour ,the bend is a 90 degree bend you cannot see around the corner,about 30 metre up from the road is a lane way(open) with no fence on the right hand side.As I was leaving the bend noticed a cow coming out of the laneway and a farmer after it, so pulled on the brakes. The cow ran into the side of my car . The farmer came over and ask did i not see anyone stopping traffic at the bend .i saw no-one and told him, he walk off then in the opposite direction. I notice someone else moving the cattle (the farmers son ) i ask where the farmer was going he said to get the cow as it had gone off in the opposite direction. so i sat in my car waiting for him to return he had got into hes jeep and drove after the cow. next thing i seen the cow coming down the road no sign of the farmer, 5 minutes later the farmer started driving down the road and drove right passed me.

At this point i rang the police explain what had happened , told the police i had the reg number of the farmers jeep .The police arrived take down all the details by the time i drive off again its been an hour since the accident, and no sign of the farmer returning.

A few days later the police return my call and say they have located the farmer involved and he has admitted that the animal that ran into my car was hes.

I was then inform by the police that this was a civil matter as the farmer had a different story then me and that the police could do no more.when I ask the cop had he got the farmers insurance details he said no.

The cop then told me the farmers name and phone number and said he was difficult to deal with. So I rang up the farmer explaining who I was and ask him to pay for the damages got nothing but abuse from him so told him I would be claiming my money back thru the courts

I am very confused about this if the farmer is admitting that the animal is hes and the animal ran into my car on a secondary road is it not the cops job to get at least get the insurance details.

I am now force to go to the small claims court as the damaged done to by car is around 880 euros

Could some one please give me advice in relation to the gardas job in this matter and me going to the small claims court in relation to this.
 
Re: Help needed,Car damaged by farm animal going to small claims court

Id certainly pursue this matter its hard to get any payback from farmers but he has admitted the animal was his ,don't let him off with it,go to court at least he will have to use a solicitor witch will cost him,when he weighs this up he may relent and pay up,good luck
 
Re: Help needed,Car damaged by farm animal going to small claims court

Be sure to check with your Solicitor what the law is with regard to collisions with animals on the public road. It used to be the case I think that the motorist was held responsible for damage done to the animal. If that be so, you'll be looking to a claim on your car Insurance.
 
Re: Help needed,Car damaged by farm animal going to small claims court

The small claims court in the Republic of Ireland does not deal with this kind of dispute.

Your solicitor will advise you of your options in a case like this.
 
Re: Help needed,Car damaged by farm animal going to small claims court

Be sure to check with your Solicitor what the law is with regard to collisions with animals on the public road. It used to be the case I think that the motorist was held responsible for damage done to the animal. If that be so, you'll be looking to a claim on your car Insurance.

I had understood that this would be the case if you were travelling on a road through open common ground where anaimals were grazing and no fences existed. In this case it would be up to the driver to drive with due care and attention.

If you hit/kill a deer in the Phoenix Park, there is a fine. This may just be a bye-law though.
 
Re: Help needed,Car damaged by farm animal going to small claims court

I had understood that this would be the case if you were travelling on a road through open common ground where anaimals were grazing and no fences existed. In this case it would be up to the driver to drive with due care and attention.

You are right I believe. The old rules I referred-to seem to have been amended by the Animals Act 1985 which abolished or severely limited the immunity from liability previously afforded to animal owners.

It's amazing how educational this site is!
 
Back
Top