Damages after Dog "off"

Discussion in 'CycleChat Cafe' started by twentysix by twentyfive, 14 May 2019.

  1. twentysix by twentyfive

    twentysix by twentyfive Clinging on tightly

    Location:
    Over the Hill
    Mrs 26 was knocked off by a dog recently some of you may have read. Not nice with being unconscious and follow on concussion, stitches, shock. She smashed her spectacles (amazing what the fixers can do temporarily) but needs new. Not cheap at £700++ and they were fairly new before all this. Also other bits and pieces damaged.

    So - she wants to claim to cover costs at least. We have house insurance which will cover the spectacles etc. £50 excess. We could also go with no win no fee (she's been talking about joining CTC for ages although not actually necessary I guess in this case) and pursue the dog owner. The owners were very good at the scene with blankets, first aid kit and offers of hot drinks etc etc. Also the lane is one we use all the time and wish to continue using. I've ridden past 3 times since the incident.

    BTW - in the after shock (still continuing) we forgot to report the accident to the police. With a dog involved is that necessary (or is that just for motorists)? Seems it's 5 day "deadline" for that and it's now about 8 days. I'm told the dog did suffer some injuries at the time.

    So pros and cons please. What's the best (if any) compensation route is the question?

    TIA
     
  2. AndreaJ

    AndreaJ Well-Known Member

    Hope Mrs26 is recovering now, the dogs owners may have liability insurance for the dog either with their pet insurance or as a separate policy which you could claim off.
     
  3. fossyant

    fossyant Ride It Like You Stole It!

    Location:
    South Manchester
    Good luck claiming - they may well indeed have pet insurance. If not, good luck getting folk to pay up for broken/damaged stuff. TBH, if this was a registered dog walker, you might need to claim from them on their business insurance.
     
  4. alicat

    alicat Guru

    Location:
    Staffs
    Perhaps read this article by CTC/Cycling UK's lawyer before concluding that just because there is harm someone else is liable for the damage. (I don't know what happened so perhaps the owner knew the dog was likely to do what it did.)
     
  5. vickster

    vickster Legendary Member

    Do you have legal cover on your insurance? Or does she have some sort of employee assistance scheme / union at work? She’d be best off talking to a legal expert
     
  6. OP
    OP
    twentysix by twentyfive

    twentysix by twentyfive Clinging on tightly

    Location:
    Over the Hill
    Thanks. She is on the mend. The recovery from concussion is taking a bit of time. She's up and about but needs frequent rests.

    Yes - I saw that article when I was looking for info. Things turn on the circumstances it seems. Hence the asking around.

    We are both retired so no on the latter. We do have House Insurance which would cover the damages to the items but no legal fee cover it seems (need to check that). I have contacted the CTC/CUK lawyers - Slater and Gordon. They have taken details and are "thinking". See what they advise (but they are after a fee aren't they?)


    Would a direct approach to the owners be a good idea? Don't want to get into a slanging match so would depend on good will all round....... They did seem like reasonable people at the time.
     
  7. tom73

    tom73 Über Member

    Location:
    Yorkshire
    Right I don't know the facts must have missed your post. They sound like they did all they could at the time to help so may well be open to paying up or part payment. You could if you're happy to approach them and see once letters get flying it can get a bit nasty. On the insurance front dog owners are required by law to hold 3rd partly cover so that's an option for a claim.
    Most it comes via pet insurance (thats how we had cover) or dogs trust/PDSA do it as a one off if you can't afford pet insurance.
    You could see what the CAB have to say they often have local solicitor who calls in to offer help every so often.
     
  8. Slick

    Slick Veteran

    It's a difficult one but I assume that the dog was not under proper control at the time. The owner does have a responsibility to make sure the animal is under control at all times.
     
  9. Crackle

    Crackle Squatter

    Don't think they are. I mention this only in case 26 takes this as advice. They might have as part of an overall dog insurance policy. The only requirement I'm aware of is microchipping.
     
  10. alicat

    alicat Guru

    Location:
    Staffs
    Are you sure about that? I would go down the friendly approach unless v certain of my legal rights. OP, you say that you go down that lane quite often. If you know the dog runs loose, then you should go another way if you are concerned about the risk of it knocking one of you off.
     
  11. AndreaJ

    AndreaJ Well-Known Member

    As you say they were helpful at the time and seemed like reasonable people I would contact them in person first and take it from there. They are possibly worried themselves about the accident and how your wife is.
     
  12. tom73

    tom73 Über Member

    Location:
    Yorkshire
    I've checked and I was told wrongly this is not the case. I have found this guide that may help with a claim.
    https://www.dogstrust.org.uk/help-a...ctsheet-doglaw in england wales 23 10 14.pdf

    Quite right about microchipping been law since 2016. Control of Dogs Order 1992 still requires collar and id tag.
     
  13. vickster

    vickster Legendary Member

    Is the OP in England or Wales? Law might be different in not

    @twentysix by twentyfive S&G may want a fee or a sizeable chunk of any settlement or they may not deem it worth their while at all (quite possible if injuries were ‘minor’)
     
  14. Slick

    Slick Veteran

    I'm sure about Scottish law which could be very different for the OP. Either way, I wasn't advocating legal recompense.
     
  15. OP
    OP
    twentysix by twentyfive

    twentysix by twentyfive Clinging on tightly

    Location:
    Over the Hill
    Yep. I think but not sure that the horse rider who waved at me the other day in the same lane was the wife. Maybe I should call in.

    Englandshire. But I thought law was English in Wales too. Scotland has different laws for sure
    I think the way the No win No Fee thing works is that the Solicitors claim their fees from the owner's insurance policy (or the owners if not insured) as part of the settlement. That is it's in the calculation of Mrs 26's costs. Or if they think there's a good chance of not winning they won't take the case.
     
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