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Twinkle | I was in a car accident and a cow was in the road and I ran into the cow. Is the owner liable for damages.? |
Are they liable for car damages only, because I had to go to the doctor and I have whiplash in my neck and back? |
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Loollea
|
i dont know about other states but in georgia and alabama you must have a legal fence (5 strands) if so then you are not liable
you have done everything possible to fence in the livestock but if you have inferior fence, then you are responsible for cattle or horses if they get out. around here, if someone hits a large animal the owner will usually deny owning it |
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insuragent
 |
Depends on the state..but likely you will need to file through your insurance (if you have comprehensive on your policy) and pay a deductible, then let your insurance go after the cow's owner, or if you have only liablity coverage, file in small claims court against the cows owner and their insurance company.
Depending on the state, the cow owners insurance may argue the open range or good fences laws which will negate the cow owners liability here in some cases..ie "if the farmers fences were kept in good condition and livestock getting out has not been a problem in the past" they may argue that the cow owner did all that they could do to prevent this and this is not a covered loss..best bet is your insurance if available, then small claims court as attorney fee's will eat up any recovery you may receive pretty quickly. Figure on a 1/3 of any settlement going to the attorney. |
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thierry_phoenix
 |
It all depend of the road you are driving on.. If the road is in incorporated metropolitan area, the owner of the cow is responsible for all damages... But if you was in "free range" road, you may wish to seek a lawyer because there is to many Grey areas based on the law of State and federal.. I had an accident in Scottsdale road few years ago with the horse and The owner of the animal was 100% responsible.I had nothing to pay for the damages.. Good luck to you... |
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mightyart
 |
My friend's mother in law hit a horse in the road. It took a really long time, but she recovered her bodily injury and property damages through the owner's homeowners policy. Think she had to sue and get a settlement. |
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Roham
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really ? that happened to me too but i was lucky . i could have died . where do u live ? |
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STEVEN F
 |
File a claim with your car insurance company. Let them decide if its worth going after the owner of the cow. Unless they can prove negligence, its probably not. |
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The Advocate
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I had this happen to me as well, no personal injury, total loss my car. The judge is going to say the owner only has a certain degree of control over the cow. You would have to prove negligence with his fence maintenance, etc. to collect damages.
Slick contingency attorney could help if the got to the fences, got some photos, show negligence in the maintenance.
Doubtful you could win, even with this, winter months, snow on the ground, cow searching for food. |
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rhlkale
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this is a problem where my mother in law lives but because it is grazing land, even though ther are more than a thousand homes down the road, it is the drivers sole responsibility to slow down and pay attention to the road. |
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