Marine1980 Posted February 9, 2007 Report Share Posted February 9, 2007 Gents my missue had my dog in the back of the car today and when she let him out he bolted across the road on our estate. Some old guy on a scooter was riding down the road paniced and fell off his scooter. someone called an ambulance and the police came. The ambulance said there was nothing wrong and that he was just in shock and sent him on his way. The police man had a look at the bike which had about three little scrathes on it and said he would give the man my details but would not investigate further. The rider then got on his bike and rode away. My question is if he comes back with a massive bill for the bike and claims he had to have a week of work were do i stand if i refuse to pay? Lee Quote Link to comment Share on other sites More sharing options...
pin Posted February 9, 2007 Report Share Posted February 9, 2007 If the policeman observed the damage then I would call them up and ask for his name and number for reference. He should have notes in his pocket book about it.. Quote Link to comment Share on other sites More sharing options...
Paul in North Lincs. Posted February 9, 2007 Report Share Posted February 9, 2007 ............................ B) "My poor dog officer....this maniac came belting down the road on his scooter full pelt and swerved towards us.....we were sure he was goin to hit us,...... my dog instinctively broke for cover....and ran in the path of the bike and nearly got ran over...............the driver slammed his brakes on and fell off his bike.....................I want to claim against him for causing me and my dog unecessary distress :yp: .................................he should have his lisence revoked...........he's a danger on the roads Quote Link to comment Share on other sites More sharing options...
rarms Posted February 9, 2007 Report Share Posted February 9, 2007 I don't know but if a loose dog caused me to fall off my scooter then I would think that whoever was mean't to be in control of it should pay for the damage! Quote Link to comment Share on other sites More sharing options...
Graham M Posted February 9, 2007 Report Share Posted February 9, 2007 I fell off my bike (many years ago) and I didn’t feel too bad …….until several hours later when I went as stiff as a board and couldn’t move my neck. If this chap comes back complaining about delayed shock (provable or otherwise) you could be in the doo doo for allowing an “out of control†dog to cause an accident. G.M. Quote Link to comment Share on other sites More sharing options...
Marine1980 Posted February 9, 2007 Author Report Share Posted February 9, 2007 Im not sure how i stand but i thought you were not suppose to swerve for animals. To be fair the guy was wearing only a pair of jeans and not a bikers jacket, would that go in my favour? Lee Quote Link to comment Share on other sites More sharing options...
naddan28 Posted February 9, 2007 Report Share Posted February 9, 2007 In the eyes of the law.... You have been negligent: However, whether he would be entitled to compensation would be down to the remoteness of the damage. I would say that the problem was pretty obvious that if you dog uncontrollablly bolted across a public road, then the reasonable man test would dictate that the damage was foreseeable and you owed other road users a duty of care. So in the all, you are probably negligent, but he would only be entitled to claim compesation on any damage "as a result" of the incident. Unlike Paul suggested, contributory negligence is an unlikely defence as he had done nothing wrong, assuming he was riding a road legal bike within the traffic laws. Hope that helps, but if the ambulence have said he is fine then all he is likely to be able to claim for is any damage to the bike, which as you stated is three scratches. Quote Link to comment Share on other sites More sharing options...
Poacher Posted February 9, 2007 Report Share Posted February 9, 2007 Im not sure how i stand but i thought you were not suppose to swerve for animals. Lee Only if you'd prefer your dog run over.. Lets face it this guy was a bit stupid falling off, but it wouldn't have happened had your dog not run into his path. Quote Link to comment Share on other sites More sharing options...
naddan28 Posted February 9, 2007 Report Share Posted February 9, 2007 Im not sure how i stand but i thought you were not suppose to swerve for animals. To be fair the guy was wearing only a pair of jeans and not a bikers jacket, would that go in my favour? Lee Yes, if his injuries where a result of incorrect clothing and his conduct was incorrect, you could argue contributary negligence as a defence, which would lessen any damages you had to pay. Quote Link to comment Share on other sites More sharing options...
Bradders Posted February 9, 2007 Report Share Posted February 9, 2007 Assuming you dont get hit for a claim from one of the "no win no fee" vampires in the next week or so then the worse you will have to pay for is the scratch damage. Worst case would be: New part. Labour charge. Out of pocket expenses (use of alternate transport whilst the scooter was off the road). Regarding the "no win no fee" cretins, my wife's car was hit (police prosecuted other driver) and the letter from these parasites arrived a few days later saying they were going to claim againt us for his injuries. Anyway worked out well for us as we counter claimed for extra money siting my wifes "distress" caused by the letter HE had these cretines send to us..... Quote Link to comment Share on other sites More sharing options...
Marine1980 Posted February 9, 2007 Author Report Share Posted February 9, 2007 Sounds a silly question but as i have the dog insured do you think i can claim any charges brought against me? Lee Quote Link to comment Share on other sites More sharing options...
kirky640 Posted February 9, 2007 Report Share Posted February 9, 2007 the law is a funny thing for us mortals that dont know but i would have thought anyone driving a vehicle in a built up area should have been driving in a manner so that if the unexspected happened ie a kid or dog runs out they would have time to take action my view on things kirky ps get dog on a lead next time Quote Link to comment Share on other sites More sharing options...
Bradders Posted February 9, 2007 Report Share Posted February 9, 2007 Only of you have 3rd party liability. Check your home and contents policy, these often have cover for this kind of thing nowadays. Quote Link to comment Share on other sites More sharing options...
Cranfield Posted February 9, 2007 Report Share Posted February 9, 2007 My understanding is that you would be liable, as the dog was not under control. Check your dog insurance for third party liability, you may well be covered. If you believe you are, then contact them immediately and advise them you may have a claim. Then write down all the details, names, places, times etc., while they are fresh in your mind. Then wait to see what the postman brings. Quote Link to comment Share on other sites More sharing options...
death from below Posted February 9, 2007 Report Share Posted February 9, 2007 I know the police get a bit of a hammering for being over the top on this forum sometimes(and rightfully so in some cases) but this plod has really done you a favour by not doing much by the sounds of it.....the chances of being taken to a small claims court over an incident like this is negligible.....But if Mr policeman had decided to go down the dangerous dogs act line he could have seized your dog and started proceedings against you for such.....another course could have been to stick you on for not having a dog on a lead in public(I asume your pooch had a collar). It sounds like the officer has taken a non commital common sense approach(again something which some of the writters don't seem to see in the police very often). By the officer proceeding the way he did I would say you have little to worry about. There again that is only my humble opinion. DFB Quote Link to comment Share on other sites More sharing options...
Marine1980 Posted February 9, 2007 Author Report Share Posted February 9, 2007 The only information he took was the dogs name and my name as the owner. Quote Link to comment Share on other sites More sharing options...
bazwold Posted February 9, 2007 Report Share Posted February 9, 2007 Gents my missue had my dog in the back of the car today and when she let him out he bolted across the road on our estate. Some old guy on a scooter was riding down the road paniced and fell off his scooter. someone called an ambulance and the police came. The ambulance said there was nothing wrong and that he was just in shock and sent him on his way. The police man had a look at the bike which had about three little scrathes on it and said he would give the man my details but would not investigate further. The rider then got on his bike and rode away. My question is if he comes back with a massive bill for the bike and claims he had to have a week of work were do i stand if i refuse to pay? Lee Quote Link to comment Share on other sites More sharing options...
bazwold Posted February 9, 2007 Report Share Posted February 9, 2007 my 17 year old son was knocked off his 50cc motorbike last year by a large dog which ran straight out from behind a car giving him no chance to even brake,although he was only doing 20 mph, having just pulled away from a railway crossing,he broke his little finger and damaged the bike,i called the police who duly attended the owner and filed a report ,after the owner assured him that the dog had never escaped from the garden before,although it was well known in the village for being out on its own. my son needed surgery to his finger and i contacted one of the injury lawyers who frequent every channel you watch or listen to,only to be told that a claim could be made against the dogs owner if he had third party cover on his house insurance. i tried that approach just to meet a pig ignorant chappie and wife who just told me they had no insurance,and that was the end of it. unfortunately a passing large gull dropped a brick through their car window not long after. i did laugh. Quote Link to comment Share on other sites More sharing options...
Marine1980 Posted February 9, 2007 Author Report Share Posted February 9, 2007 Ive just read my dogs insurance policy and he is covered on both injury to persons and property up to 1 million, thank god for insurance. I bet the dogs worth more than the scooter. Quote Link to comment Share on other sites More sharing options...
me and my lad Posted February 9, 2007 Report Share Posted February 9, 2007 should be covered on your house insurance. if you get a claim against you pass it onto your house insurers, quite a few pet insurance companies can be funny if you have made a claim when it comes to renewing. Quote Link to comment Share on other sites More sharing options...
rjimmer Posted February 10, 2007 Report Share Posted February 10, 2007 I have heard of people making a claim on their house public liability insurance for damage/accident caused by their dog. If your dog of say 3 years old, bites or injures someone, you can be held financially liable and the dog can be put down. If your 9-year old child maims someone with any weapon they like to pick up, no one is to blame for anything. Funny old world! Quote Link to comment Share on other sites More sharing options...
Dirty Harry Posted February 10, 2007 Report Share Posted February 10, 2007 I know the police get a bit of a hammering for being over the top on this forum sometimes(and rightfully so in some cases) but this plod has really done you a favour by not doing much by the sounds of it.....the chances of being taken to a small claims court over an incident like this is negligible.....But if Mr policeman had decided to go down the dangerous dogs act line he could have seized your dog and started proceedings against you for such.....another course could have been to stick you on for not having a dog on a lead in public(I asume your pooch had a collar). It sounds like the officer has taken a non commital common sense approach(again something which some of the writters don't seem to see in the police very often). By the officer proceeding the way he did I would say you have little to worry about. There again that is only my humble opinion. DFB The police would not seize a dog for this. Only if the dog was dangerous and was likley to attack people would they do this. If you did get done for having a dog dangerousley out of control, which is very unlikley you would be instructed to keep the dog on a lead in public and probably have to pay costs. In my local rag this week was a story about a bloke who had his yorkie killed by a rottie that was off a lead. He got £43 costs and has to leash the dog in future. Something nobody seems to have picked up on. Was it cold, wet, snowy and icy where you were? I am sure this would have an effect on the bike being able to stop safley. Harry Quote Link to comment Share on other sites More sharing options...
Oly Posted February 10, 2007 Report Share Posted February 10, 2007 From what I have heard from other dog owners about similar incidents your fully liable for all costs, but you may be able to claim on your insurnace depending on your policy details. Not the same for cats mind! Quote Link to comment Share on other sites More sharing options...
wol the hunter Posted February 10, 2007 Report Share Posted February 10, 2007 The only information he took was the dogs name and my name as the owner. do the right thing before its to late. change the dogs name Quote Link to comment Share on other sites More sharing options...
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