c20let
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Registered: 25th Jun 05
Location: Aberdeenshire Drives: VXR Astravan,Evo 9GT,mr2 tbo
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Just been in a collision with a cow on a country road. It was pitch black going round a tight corner and the cow had just wandered onto the road. My parents were in the car infront and they just managed to swerve and miss it but I swerved and hit it on my passenger side.
Who is to blame for this? I'd like to think the farmer who owns the cow is responsible for their cow being loose? Luckily I was going quite slow, it could have been alot worse, especially as my son was in the car.
Car now needs new bonnet, wing mirror, door is scratched and A-pillar is dented. 
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c20let
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Registered: 25th Jun 05
Location: Aberdeenshire Drives: VXR Astravan,Evo 9GT,mr2 tbo
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Also, I stopped and spoke to the person at the house next to where I hit the cow, and to a farmer down the road. Both gave me details of who the cow belonged to.
If they decide to be an arse and deny it was their cow, where do I stand? Anything I can do?
The cow ran off, when we stopped and got out of car it was nowhere to be seen.
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Robin
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Registered: 7th Jan 04
Location: Northants Drives: Clio 182 Cup
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The law will side with the farmer, not worth the effort.
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Andrew
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Registered: 5th May 04
Location: Skoda Octavia Estate, Ford Puma
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Fuck the car, how is the cow?
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Rich H
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Registered: 26th Oct 05
Location: West Sussex Drives: E46 M3
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quote:
Originally posted by Andrew
Fuck the car, how is the cow?
quote:
Originally posted by c20let
The cow ran off, when we stopped and got out of car it was nowhere to be seen.
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VrsTurbo
Premium Member
Registered: 8th Jun 10
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quote:
Originally posted by Robin
The law will side with the farmer, not worth the effort.
Farmers should have public liability insurance to cover such events. It's the farmers job to make sure the animals are locked away. Not a lot you can do as the cow ran away. You have insurance for a reason. Could even say driving to fast for the conditions if some older people managed to avoid it. A tractor could of been round that corner etc.
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Ian
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Registered: 28th Aug 99
Location: Liverpool
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You'd need to prove negligence to be able to claim for a loose animal.
Donaldson v Wilson involves a cow, not sure how similar your circumstances are.
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Andrew
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Registered: 5th May 04
Location: Skoda Octavia Estate, Ford Puma
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quote:
Originally posted by Rich H
quote:
Originally posted by Andrew
Fuck the car, how is the cow?
quote:
Originally posted by c20let
The cow ran off, when we stopped and got out of car it was nowhere to be seen.
Don't facepalm me..
I'd be more worried a cow was in a ditch somewhere in pain. I pay insurance to cover damage to my car.
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John
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Registered: 30th Jun 03
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quote:
Originally posted by c20let
It was pitch black going round a tight corner
I know not everyone does this ( i don't) before I get abused, but.
You should be going slow enough that you can stop in the distance you can see ahead, which means it's your fault, not the farmer or the cow.
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VrsTurbo
Premium Member
Registered: 8th Jun 10
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You don't eat meat then Andrew?
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c20let
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Registered: 25th Jun 05
Location: Aberdeenshire Drives: VXR Astravan,Evo 9GT,mr2 tbo
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quote:
Originally posted by VrsTurbo
quote:
Originally posted by Robin
The law will side with the farmer, not worth the effort.
Farmers should have public liability insurance to cover such events. It's the farmers job to make sure the animals are locked away. Not a lot you can do as the cow ran away. You have insurance for a reason. Could even say driving to fast for the conditions if some older people managed to avoid it. A tractor could of been round that corner etc.
It wasn't fully on the road when my parents went past it. It was almost in the middle when I hit it, I had to swerve right onto other side. Not easy to see a black cow on an unlit road in pitch black.
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
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quote:
Originally posted by John
quote:
Originally posted by c20let
It was pitch black going round a tight corner
I know not everyone does this ( i don't) before I get abused, but.
You should be going slow enough that you can stop in the distance you can see ahead, which means it's your fault, not the farmer or the cow.
Does that still stand up in court? Be interested to see whether there is any case in which you can leave your gate open, know its open, and have someone collide with an animal and not be in any way negligent. Talking about the extremes of a case here but I wouldn't assume the failure to stop in your vision distance absolves the farmer completely.
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Nath
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Registered: 3rd Apr 02
Location: MK
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quote:
Originally posted by Andrew
quote:
Originally posted by Rich H
quote:
Originally posted by Andrew
Fuck the car, how is the cow?
quote:
Originally posted by c20let
The cow ran off, when we stopped and got out of car it was nowhere to be seen.
Don't facepalm me..
I'd be more worried a cow was in a ditch somewhere in pain. I pay insurance to cover damage to my car.
Pretty sure that cow is destined for worse mate....
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John
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Registered: 30th Jun 03
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quote:
Originally posted by Ian
quote:
Originally posted by John
quote:
Originally posted by c20let
It was pitch black going round a tight corner
I know not everyone does this ( i don't) before I get abused, but.
You should be going slow enough that you can stop in the distance you can see ahead, which means it's your fault, not the farmer or the cow.
Does that still stand up in court? Be interested to see whether there is any case in which you can leave your gate open, know its open, and have someone collide with an animal and not be in any way negligent. Talking about the extremes of a case here but I wouldn't assume the failure to stop in your vision distance absolves the farmer completely.
Couldn't tell you if negligence trumps bad driving or not, possibly. What if had broken out? Would you have to prove the farmer hadn't taken appropriate (could you define appropriate) steps to keep them in?
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
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It'll be killed humanly when it goes for meat.
Breaking a few bones in an RTC isn't humane, it'll probably be in pain and die slowly. Although if it ran off it can't be doing that badly.
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c20let
Member
Registered: 25th Jun 05
Location: Aberdeenshire Drives: VXR Astravan,Evo 9GT,mr2 tbo
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Just had a phone call from a farmer saying its his cow. Said it had got loose from one of his fields.
He took my details and is going to phone his insurance tomorrow, and they will get in touch with me.
Here's hoping he does.
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Ian
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Registered: 28th Aug 99
Location: Liverpool
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quote:
Originally posted by John
Couldn't tell you if negligence trumps bad driving or not, possibly. What if had broken out? Would you have to prove the farmer hadn't taken appropriate (could you define appropriate) steps to keep them in?
Not sure. I just don't feel you lose a case just because you can't stop if you can't see. At least not entirely.
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Nath
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Registered: 3rd Apr 02
Location: MK
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Still though. My car > random cow.
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
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quote:
Originally posted by c20let
Just had a phone call from a farmer saying its his cow. Said it had got loose from one of his fields.
He took my details and is going to phone his insurance tomorrow, and they will get in touch with me.
Here's hoping he does.
That's promising, sounds like he wants to do the right thing. Or it could be a plan to send you the bill for the cow. Although that comment about it getting loose is a bit of a gift.
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c20let
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Registered: 25th Jun 05
Location: Aberdeenshire Drives: VXR Astravan,Evo 9GT,mr2 tbo
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his exact words were that the cow had been at the mart and had come back looking for it's calf and got loose.
I also spoke to police straight after the collision, as was worried the cow could walk out infront of another car and cause a serious accident. They took statement and were going to get in touch with the farmer.
[Edited on 26-09-2013 by c20let]
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Jimbothebarbarian
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Registered: 19th Apr 07
Location: Cumbria..........drunk..
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Same deal as if you hit a dog, Owner is responsible. Happens all the time round here in the sticks.
Unless of course your driving through an area with cattle grids, signs etc etc in which case it's your fault.
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pow
Premium Member
Registered: 11th Sep 06
Location: Hazlemere, Buckinghamshire
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I hate to be a cunt but it's your fault really... You should always be able to stop in a distance you see to be clear.
Still in the real world what a pain in the tits. Just hope they don't decide to get your insurance company involved and then say you're at fault!
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Mieran
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Registered: 28th Jan 08
Location: Newcastle upon Tyne
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quote:
Originally posted by c20let
Just had a phone call from a farmer saying its his cow. Said it had got loose from one of his fields.
He took my details and is going to phone his insurance tomorrow, and they will get in touch with me.
Here's hoping he does.
Knowing people these days you'll probably get a letter from his insurance saying they want £15000 because the cow got whiplash
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AndyCorsaSport
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Registered: 12th Feb 06
Location: Horsforth, West Yorkshire
User status: Offline
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quote:
Originally posted by Andrew
quote:
Originally posted by Rich H
quote:
Originally posted by Andrew
Fuck the car, how is the cow?
quote:
Originally posted by c20let
The cow ran off, when we stopped and got out of car it was nowhere to be seen.
Don't facepalm me..
I'd be more worried a cow was in a ditch somewhere in pain. I pay insurance to cover damage to my car.
What a top weirdo you are. I pay insurance too but I wouldn't get out and think shit how's the cow doing.
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shaned12345
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Registered: 28th Sep 10
Location: Melton Mowbray, Leicestershire
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Was watching this on Motorway cops the other day but involving escaped horses.
People ended up dying and nobody got the blame. How would insurance work if you were only third party? I take it that would just be shit happens?
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