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BIGDAI
Original Poster
155 posts
81 months
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On the way to work this morning (rural, fairly fast A road) & drove past a seriously smashed up Transit van parked up on one side of the road and a very dead-looking cow on the other side. Fairly obvious from the location that the cow had escaped from the nearby field. Police were in attendance & were talking to the van driver so didn't bother stopping.
However, it made me wonder who would be liable for the van damage? Van driver's insurance as he had collided with another object or is liability with the farmer for (I assume) allowing his animal to stray onto the road?
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TallbutBuxomly
12,138 posts
86 months
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The cow undoubtedly. Clearly it thought you were going to moove over.
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cotney
525 posts
41 months
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Can't help you with this one unfortunately, I have never herd of this happening before.
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db
571 posts
39 months
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The liability would be with the van's insurers, they can argue the case with the farmer's insurers.
The van must have been totalled if it killed a cow. My brother wrote a car off hitting a sheep, the sheep walked away
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BertBert
7,196 posts
81 months
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going to have to ruminate on that for a while
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Some Gump
4,415 posts
56 months
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That's udderly rediculous? How is i the animals fault if a transit T bones it at full pelt? The van driver trying to blame a beast is just milking the situation, it's his own fault for hoofing along too quickly for the road conditions, leathering into it. Naturally, the rest of us will take it in the rump if this practice carries on due to increased insurance premiums.
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jhfozzy
872 posts
60 months
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I'm udderly speechless he wrote a van off after hitting a cow. Deserves a pat on the back.
ETA: The winner ^^^
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Grenoble
8,233 posts
25 months
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Any chickens involved?
We could then suspect fowl play!
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Vvroom
758 posts
60 months
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Tough one legally.
Google Mirvahedy v Henley, but there was a lower court decision in Livingstone v Armstrong which involved a cow hit by a car- a lot like in OPs example. The Animals Act 1971 is poorly drafted and inconsistently interpreted. The farmer's liability is not at all clear cut.
I'll have a think about a Moo joke and try to post something less boring next time.
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Rick101
795 posts
20 months
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Train hits cow on railway.....Farmer gets big payout.
The railway fencing is the infrastructure maintainers responsibility so if it fails and livestock gets onto the railway, and subsequently damaged, the maintainer pays out.
It's amazing how much fencing became damaged during the foot and mouth eperdemic.
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Xerstead
403 posts
48 months
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I'll bet his NCD is at steak. I suppose the insurers could claim his story is a load of bull. The insurers will probably be settle 50:50 and meat half way. The press will have a field day.
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Vvroom
758 posts
60 months
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Xerstead said: I'll bet his NCD is at steak. . Brilliant
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silverfoxcc
1,243 posts
15 months
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It depends on whether the cow used its horn. Or ir could be the udder guys fault. Still its not my beef. Perhaps if the weather had be freisan, there could have been a tail back.
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Ki3r
1,683 posts
29 months
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daz3210
5,000 posts
110 months
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Vvroom said: Xerstead said: I'll bet his NCD is at steak. . Brilliant NCD or CJD?
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DeolTheBeast
139 posts
16 months
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TallbutBuxomly said: The cow undoubtedly. Clearly it thought you were going to moove over. 
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supraboy
188 posts
54 months
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Haha just reminding me of max and paddy!
Grab its hoofs, not its tits! You'll be covered in milk man! Lol
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Funk
13,148 posts
79 months
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OP, when it comes to insurance wrangles, these things are never black-and-white.
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R7YN
195 posts
9 months
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supraboy said: Haha just reminding me of max and paddy!
Grab its hoofs, not its tits! You'll be covered in milk man! Lol My thoughts exactly! 
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TallbutBuxomly
12,138 posts
86 months
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All jokes aside op sorry to hear about this. My father was killed when he hit a cow in the dark at nsl speeds in south Africa. In our family's case it turned out the fencing on his property was damaged and not been repaired and he was held fully liable.
cannot see why it would be any different here. The cow is his responsibility and liability.
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