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My car was hit by a cow on a public highway - is the farmer liable for damage caused?
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My car was hit by a cow on a public highway - is the farmer liable for damage caused?



    




wonderingstar
he might have moo insurance, but if he has im sure you could milk it.

serious answer possible coming shortly

look on animal section in the highway code.
http://www.highwaycode.gov.uk/a.htm


njn001
you were hit by a cow? What you were parked and it came running round the bend and smacked into you.


Slartibartfast
No - but you can start milking the car


thelev51
Rating
Yes if you can prove he was negligent in failing to keep the cow enclosed if that is the case then he is liable for the damage caused by his negligence


mirrors and smoke
Hahaha sorry that's really not funny.


ᵸᵃṩᵢᴄᶦṱ TieBuster â˜Í¼Í½â˜”☃☮☯✈âœâœ‰â¨â¨‚
check if the the farmer as MOOter insurence for is cows .lol


christian s
not if the cow was drunk


thursday
EE, II, EE, II, NO


andyg77
What kind of cow was it?


Lisa T
Rating
That is as long as the farmer doesn't say that you hit the cow!!


moon the loon
Are you sure you have this right? It was YOU who hit the cow, not the other way round. Or was it riding a Cowasaki motorbike at the time?


christnp
Usually it is the responsibility of the farmer to keep livestock fenced. If there were cow crossing signs, then he might not be liable. I think the law varies by location.


Liz
I don't think so but you may have to pay for cow.


la428282
good lord... what if it was a child in the middle of the road? Unless you were driving and the cow ran up and hit the side of yoru car... how is it at fault? own up to your mistake.


positive
Rating
was you stationary or was you moving at the time because if you was moving you were more than likely liable


Fred C
Rating
If you can prove the farmer was negligent in fence maintenance, or other acts, the farmer MAY be held responsible. However, cows are pretty large, and relatively slow moving, so it seems to me someone who doesn't see a cow needs an eye exam, or was driving too fast for conditions.
By the way, hitting a cow, horse, dog, etc, does not count as wildlife collision for those policies that have a zero deductible for wildlife. Your car might think hitting a deer and a cow are the same, most insurance companies don't.


Fordman
Rating
How fast was the cow going? lol

If you can prove negligence then the farmer would be liable, if you can't then the farmer may say that you owe him a new cow.

Just turn it in to your insurance company and let them fight over it. It is the same as hitting a deer, although I did have a deer hit me. Once my headlights got past the doe's eyes she charged to get across the road and hit my truck right in the middle where the cab and box meet. Did about a $1000 worth of damage, and that was some years ago.

good luck.


hitman
How slow must your car have been moving to get hit by a cow?


WelshLad
What excatly were you looking at when driving?

"My car was hit by a cow"

No, you drove into the cow perhaps, hitting the cow


Tefi
Rating
Probably. If it was a dog that ran out and caused you to swerve and damage your car, the owner would be liable, so I would guess the farmer would be too.


nottsbob14@btinternet.com
no


cool guy
Rating
if you know who the particular farmer is, and you have evidence of the cow. then it is possible. otherwise who knows? you may have caused the damage yourself.


Isabelle
Rating
Depends whether it had foot and mouth disease cos then the goverment will pay.


CwboyBill
Only if the farmer (or rancher) was negligent, i.e; is there a history of his cows getting out and if so, has he attempted to remedy the problem? If the cow just managed to break out (like any animal will do) then you better count on your comprehensive insurance to repair your car.


c g
Rating
nice one njn001, you should have the best answer.


ME
Rating
does it matter? if an animal hits your car, you would claim it as comprehensive and it's not a chargable incedent on your auto policy. that is, if you carry that coverage. otherwise, your sol.


sactoking
Rating
I live and adjusted claims in a rural area, so I know the answer to this.....

The owner of the cow is liable for damages IF:
*it's reasonable that you could not have avoided the cow. This would be the case, say, if the accident occurred at night. If you reasonable could have avoided it, say it was a lone cow on a straight road at noon, you're at fault.
*You can prove who owned the cow. Usually you need a Brand Inspector to come and make that determination. Sometimes the cow gets so obliterated that no brand remains, in which case you have to prove an open gate or broken fence.

The owner is NOT liable if:
* You could have reasonably avoided it
* There is no clear indication who owned the cow
* You were driving in open range. Most open range areas say that farmers cannot be held liable in any fashion for the actions of their livestock.


Rick M
Generally, no. Your auto insurance is liable. Its the same as hitting a deer.


chris p
Rating
no, the cow is - he hit it,

ie, if my wife drives nto a parked car, but she knows my father, it doesnt make it his fault


oklatom
Rating
Not unless you can prove negligence on the part of the farmer. He KNEW his fence was down, and didn't take steps to correct the problem, or he intentionally left his gates open knowing his cattle would wander off. Without negligence, no. In fact cows do sometimes get out through no fault of the owner of the cows. Luckily the farmer also can't go after you for the value of his cow that you just made worthless.

If you have collision coverage, your insurance would cover it the same as a deer vs car accident.





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