Legal Query: A driver hit our dog, which had to be put down. Now she says I have to pay for the damage to her car

Query: A woman knocked on our door the other evening saying she was driving by and hit our dog and that it was injured. We went out to the dog, which was still lying on the side of the road.

The woman was really upset and apologetic, and offered to pay for the vet’s bill. I told her not to worry about it as I just wanted to get the dog seen to. We got the dog into my car to take the vet, as it couldn’t walk and was in a lot of pain, but we swapped numbers and she said she’d be in contact about the bill.

She mentioned that her car had a bit of damage, but she wasn’t making an issue about it and in my hurry I didn’t even check it.

The vet recommended that the dog be put down, which I agreed to as it was old and badly injured, and I didn’t want it suffering.

The bill was sizeable. I texted the woman just to let her know that the dog had to be put down. I didn’t mention the bill. But now she has texted back saying that the damage to her car is going to cost over €1,000 and she wants me to pay!

Where do I stand?

Response: I am sorry to hear about your dog. Unfortunately, it looks as if your dog ran out on the road in front of the car and I believe that you would be held liable for the damage done to the car.

You have a duty to take all precautions to prevent your dog from straying onto the road. Under the Control of Dogs Act 1986, your dog must be under your control or the control of another responsible person if it is outside your house.

It would appear in this case that the dog was not, as there is no doubt that the dog escaped from your property and wandered on to the road. It would also appear that your dog was directly responsible for the damage to the car.

It is a pity that you did not take photos of the damage at the time but I understand that you were upset about the dog. Under the circumstances, I believe that you are liable for the damage to the car and you may end up being taken to Court if you don’t foot the bill.

However, some home insurance policies provide cover for situations such as this. The first thing to do is to contact your insurance company.

I presume your dog is not a dangerous breed and that you have a dog licence and that your dog is micro-chipped. These are things that the insurance company will check and may exclude cover depending on the answers.

Unfortunately most insurance companies also have an excess and you need to check and see exactly what they will cover and how much you will have to contribute.

You should ask the driver to provide you with a detailed quotation of the damage together with photos and other supporting evidence as this will be required if the insurance company agrees to cover the claim.

Many people renew their home insurance policy every year without paying attention to what cover is provided and do not realise how important it is to read the policy documents until an event such as the incident with your dog occurs. The bottom line for some is price rather than what is covered, and that can be a false economy.

If you have pet insurance, you should check if there is any possibility you might be covered there. It is unlikely as many pet insurance policies have exclusions regarding damage to cars.

If your home insurance does not cover the damage, the driver may well take you to the Small Claims Court or issue proceedings against you in your local District Court. I am of the view that she would succeed in her claim, and it is also likely that costs would be awarded against you.

You are perhaps fortunate that the damage to the car was not greater. You have learnt a difficult lesson. If you get another dog, you need to ensure that fencing around your garden is adequate and that you have the provisions in place to prevent your dog from going on to the road.

Take great care when renewing your home insurance to read the policy and see exactly what is covered. Even if an extra amount of premium is payable to cover incidents such as this, it is likely to be worth spending a small amount in order to get cover for a potentially large claim.

If you receive any summons or other legal correspondence in relation to this incident, consult your solicitor.

Mary Frances Fahy is a solicitor and tax consultant and the principal of Fahy Neilan Solicitors, Ballaghaderreen, Co Roscommon

Source: Irish Independent