Car Collision with Dog on Freeway - Insurance?

LoSammy21 on 29/03/2018 - 23:41
Last edited 29/03/2018 - 23:50 by 1 other user

In a nut shell - still fairly shaken up about this.
Driving home from work it all happened quite quickly.

Going 100km - I see two cars immediately in front of me swerving - I have two trucks beside me so first reaction was to swiftly slow down. Car in front of me appears to of clipped a fairly large dog - as I'm about to start slowing down the dog jumps dead center in front of my car, I hit the dog and it goes under my car - the truck also hits it.

Pulled off to emergency lane and call 000 as there is now, well hazards on the freeway. Two witnesses I get details from who have pulled over.

Over the whole incident cars have came to a stand still and the owner collects the dog. The owner does drive off straight away and I'm unable to collect the rego in time.

My entire front bumper of my car has collapsed inwards with some serious damage to my radiator and underneath.

A woman tells me that the dog escaped from the dog day care center next to the freeway.

Insurance wise - I don't want to be a dick because I'm sad as shit because I love dogs - but is the dog day care center liable here? I'm hearing people at the incident tell me that it's the owners responsibility for ensuring the dog is not endangering roadways by either leash/backyard but in the case that it's in the care of a place dedicated to looking after the pet what is the case?

Insurance company has been of no help and on two separate calls told me: owner/center is liable AND I'm liable and it's treated like hitting a wild kangaroo.

• 

  Diji1 on 30/03/2018 - 01:41

  +5

  Speak to a lawyer.

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  afoveht on 30/03/2018 - 01:51

  +1

  The dog is chattel (yep, how sad and perverse is that), so nothing like a free roaming roo.

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  Cheapascents on 30/03/2018 - 02:08

  thats crazy man

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  whooah1979 on 30/03/2018 - 02:57

  owner/center is liable

  Were the owner or the business in charge of the animal at the time of the collision?

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  chumlee on 30/03/2018 - 07:52

  +1

  You need to prove the dog escaped from the doggy day care and they were negligent. If the owner picked up the dog then determine is he was responsible

  Get a copy of tne police report and follow up with them and speak with the doggy day care center about the matter and the owner

  • 

    oSammy21 on 30/03/2018 - 11:49

    -1

    Unfortunately couldn't get a police report because no one was injured and there was no identification for the dog's owner (name, car rego etc.)

    Public holiday today so tomorrow I'll be talking to the day care next week - if it truly was in their care I believe they'd owe compensation for me and the owner of the dog.

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  87percent on 30/03/2018 - 08:54

  This wasn't on the Monash freeway was it? Some lady was driving round my area from the local vet saying one of the large dogs out and I live right near a freeway

  • 

    oSammy21 on 30/03/2018 - 11:33

    Princess Freeway :c

    • 

      retiredfeline on 30/03/2018 - 11:36

      * Princes

      • 

        oSammy21 on 30/03/2018 - 11:40

        +1

        well you learn something everyday - thought it was Princess

      • 

        retiredfeline on 30/03/2018 - 11:44

        +2

        @oSammy21: A lot of people think it's the Princess Highway between Sydney and Melbourne too. It's the plural of prince, not a female. But it actually started as Prince's Highway, and then usually apostrophes are dropped in place names, hence Crows Nest, Frenchs Forest.

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  BOGOF on 30/03/2018 - 09:15

  +3

  The quick answer here is:- The owner of the dog is totally responsible for all the damage to all vehicles. If, for example the owner has shifted responsibility to a doggy day care centre whilst in their care, then that is between the owner & the business, your claim is still with the owner.
  This is not the same as hitting a wild animal, as dogs are chattels and therefore legally able to be owned.
  You also have a legal responsibility to report the accident to the police, and getting a police report will help your claim.
  Your problem here is tracing the owner. If you have comprehensive insurance an insurance company will repair your car, but if you cannot provide the contact details of the responsible party then you are likely to lose your rating/no claims bonus status, and therefore pay more in insurance premiums. It's just the same as someone reversing into your car in a car park and driving off……the other driver was responsible but you can't trace him.
  You didn't say whether the dog was alive or dead after the collision? If still alive it would have been taken to a local vet, and they would have a record. If it died, then the owner has a legal obligation to contact his local council to report it, and they would have a record.
  Good Luck!

  • 

    oSammy21 on 30/03/2018 - 11:33

    Thanks for the comment man - basically at the police station they told me they don't do reports unless someone (person) was injured or we have some sort of identification to follow up with like a car registration or name of the dog's owner.

    The dog died after me hitting it - we called the local VET hospital and they did confirm that the dog had been brought in (described it to them) - unfortunately they can't give us their details; their protocol was for us to send an email to the VET hospital asking for permission to be in contact with the owners and then the owners would need to approve it.

    Have a feeling it's going to be a bit of cat and mouse - rang up my insurance once again but since it's a public holiday they only have one person just doing reports to follow up with on Tuesday - who told me "Oh I've seen this before - in some cases it gets taken to court and it's more trouble than it's worth." - definitely changing insurance if they don't follow through.

    • 

      tomsco on 30/03/2018 - 13:10

      +1

      Once again, mindful that someone has sadly lost their pet - I would expect the fact the owner came and picked the dog up, therefore viewing the carnage, and driving off to be akin to leaving the scene without providing insurance details, and would expect police to act accordingly.

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  Cartman2530 on 30/03/2018 - 16:08

  This might be one of those occasions where you may have to go through your own insurance and get the damage repaired, if you are unable to track the owner down.

  Did anyone else have dashcam footage of the incident? They may have gotten the owners number plate. I hope you collected witness phone numbers just in case.

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  ShannonN on 31/03/2018 - 08:36

  As ppl have mentioned the owner is responsible for the dog.

  I was riding my motorbike one day at speed limit etc. a dog ran out of an open gate in front of me an I hit it, owner was mowing the grass outside the house and had left the gate open.

  Me and the bike were damaged the police were called and attended taking details. (at the time I was in NSW)

  I took the owner to court for damages to the bike even though I could ride it home as reduced speed, (bent steering head, blinkers broken pegs stuffed etc.)

  The magistrate ordered us to negotiate out of court via the clerk of the court who basically told the owner pay up He was at fault a month later I get a call from an insurance agent asking to inspect the bike as the owner could claim on house and contents insurance never got the cost of torn clothing though