Do Animals have a "market value"?
Discussion
Looking for a legal answer, not an emotional one.
If I hit someone's car, we all know repairs are limited to market value. The person I hit can't spend £5K fixing a £2K car.
What if I hit a dog? It needs £5K of operations to fix its leg. Can the dog owner claim that, if it was a mongrel worth £30. If it was a supreme champion worth £20K, then I guess he could. Do dogs have a market value, like other property.
By the way, I haven't hit either. Just an idle discussion at work.
If I hit someone's car, we all know repairs are limited to market value. The person I hit can't spend £5K fixing a £2K car.
What if I hit a dog? It needs £5K of operations to fix its leg. Can the dog owner claim that, if it was a mongrel worth £30. If it was a supreme champion worth £20K, then I guess he could. Do dogs have a market value, like other property.
By the way, I haven't hit either. Just an idle discussion at work.
TwigtheWonderkid said:
Looking for a legal answer, not an emotional one.
If I hit someone's car, we all know repairs are limited to market value. The person I hit can't spend £5K fixing a £2K car.
What if I hit a dog? It needs £5K of operations to fix its leg. Can the dog owner claim that, if it was a mongrel worth £30. If it was a supreme champion worth £20K, then I guess he could. Do dogs have a market value, like other property.
By the way, I haven't hit either. Just an idle discussion at work.
Do you have any pets?If I hit someone's car, we all know repairs are limited to market value. The person I hit can't spend £5K fixing a £2K car.
What if I hit a dog? It needs £5K of operations to fix its leg. Can the dog owner claim that, if it was a mongrel worth £30. If it was a supreme champion worth £20K, then I guess he could. Do dogs have a market value, like other property.
By the way, I haven't hit either. Just an idle discussion at work.
If you do and it got run over and you only paid £50 for it from the dogs home, would you tell the vet to put it to sleep if it required a £5k operation which wasn't going to cost you a penny?
Saleen836 said:
Do you have any pets?
If you do and it got run over and you only paid £50 for it from the dogs home, would you tell the vet to put it to sleep if it required a £5k operation which wasn't going to cost you a penny?
He's looking for a legal perspective, not an emotive one. The value of a loved pet can't be measured in £'s, but can it be legally?If you do and it got run over and you only paid £50 for it from the dogs home, would you tell the vet to put it to sleep if it required a £5k operation which wasn't going to cost you a penny?
I suppose the best comparison would be to look at pet insurance and see what they would see fit to cover?
Saleen836 said:
TwigtheWonderkid said:
Looking for a legal answer, not an emotional one.
If I hit someone's car, we all know repairs are limited to market value. The person I hit can't spend £5K fixing a £2K car.
What if I hit a dog? It needs £5K of operations to fix its leg. Can the dog owner claim that, if it was a mongrel worth £30. If it was a supreme champion worth £20K, then I guess he could. Do dogs have a market value, like other property.
By the way, I haven't hit either. Just an idle discussion at work.
Do you have any pets?If I hit someone's car, we all know repairs are limited to market value. The person I hit can't spend £5K fixing a £2K car.
What if I hit a dog? It needs £5K of operations to fix its leg. Can the dog owner claim that, if it was a mongrel worth £30. If it was a supreme champion worth £20K, then I guess he could. Do dogs have a market value, like other property.
By the way, I haven't hit either. Just an idle discussion at work.
If you do and it got run over and you only paid £50 for it from the dogs home, would you tell the vet to put it to sleep if it required a £5k operation which wasn't going to cost you a penny?
The Surveyor said:
He's looking for a legal perspective, not an emotive one. The value of a loved pet can't be measured in £'s, but can it be legally?
I suppose the best comparison would be to look at pet insurance and see what they would see fit to cover?
Pet insurance doesn't answer it because of course they cover set amounts, regardless of animal market value. I'm talking about tp liability towards someone else's animal.I suppose the best comparison would be to look at pet insurance and see what they would see fit to cover?
But I now have an answer. A dog/cat/etc is property, like an engagement ring. It may be priceless to the owner but to a tp it's worth market value and no more.
If someone runs over my cat, they are obligated to repair or replace, whichever is the lower value. Even if it was all their fault (cat was in my garden, they crashed thru my hedge). In the case of my cat, replace for a fiver! It's just a mixed breed fleabag. If I want to repair my cat, I have to pay myself (unless I have pet cover).
TwigtheWonderkid said:
Pet insurance doesn't answer it because of course they cover set amounts, regardless of animal market value. I'm talking about tp liability towards someone else's animal.
But I now have an answer. A dog/cat/etc is property, like an engagement ring. It may be priceless to the owner but to a tp it's worth market value and no more.
If someone runs over my cat, they are obligated to repair or replace, whichever is the lower value. Even if it was all their fault (cat was in my garden, they crashed thru my hedge). In the case of my cat, replace for a fiver! It's just a mixed breed fleabag. If I want to repair my cat, I have to pay myself (unless I have pet cover).
Someone wiser than me can clarify, but I believe the laws are different for cats as they are to dogs. Something along the lines of cats are classed as "free spirits" so they/their owner can't be held accountable for their actions, and vice versa (so if you run over a cat you are not legally obliged to stop).But I now have an answer. A dog/cat/etc is property, like an engagement ring. It may be priceless to the owner but to a tp it's worth market value and no more.
If someone runs over my cat, they are obligated to repair or replace, whichever is the lower value. Even if it was all their fault (cat was in my garden, they crashed thru my hedge). In the case of my cat, replace for a fiver! It's just a mixed breed fleabag. If I want to repair my cat, I have to pay myself (unless I have pet cover).
If I'm wrong then someone feel free to correct me
(ETA: Dogs are covered by the Road Traffic Act 1988, cats are not)
Edited by Zetec-S on Thursday 27th July 16:30
Zetec-S said:
Someone wiser than me can clarify, but I believe the laws are different for cats as they are to dogs. Something along the lines of cats are classed as "free spirits" so they/their owner can't be held accountable for their actions, and vice versa (so if you run over a cat you are not legally obliged to stop).
If I'm wrong then someone feel free to correct me
That's my understand too. Cat's don't matter (in the eyes of the law) unless it's a general animal cruelty thing of course.If I'm wrong then someone feel free to correct me
The Surveyor said:
Zetec-S said:
Someone wiser than me can clarify, but I believe the laws are different for cats as they are to dogs. Something along the lines of cats are classed as "free spirits" so they/their owner can't be held accountable for their actions, and vice versa (so if you run over a cat you are not legally obliged to stop).
If I'm wrong then someone feel free to correct me
That's my understand too. Cat's don't matter (in the eyes of the law) unless it's a general animal cruelty thing of course.If I'm wrong then someone feel free to correct me
Zetec-S said:
Might be hard to prove negligence? Unless you have something like video of someone obviously speeding/driving like a t
t, but even then the free spirit element might count against a claim?
Given the tp is only liable for the replacement value, if he was negligent, for the sake of a tenner he might as well admit to it. t, but even then the free spirit element might count against a claim?It's a funny coincidence you brought this up, as at lunch the other day in the office we were discussing something sort of similar to this.
Situation was a dog runs out in front of your car, you have no time to stop or avoid it. Dog is seriously injured, owner is obviously distraught and wants to rush to the vets asap. Your car is slightly damaged (say cracked bumper). How hard do you push them (if at all?) for details in order to claim for the damage?
Situation was a dog runs out in front of your car, you have no time to stop or avoid it. Dog is seriously injured, owner is obviously distraught and wants to rush to the vets asap. Your car is slightly damaged (say cracked bumper). How hard do you push them (if at all?) for details in order to claim for the damage?
Years ago we had a border collie called Ben, he was a semi train sheep dog, that was good enough for moving the sheep dad had on tack from field to field.
One day Ben was on his "rounds", (sniffing around the neighbourhood) when his green cross code failed him and he was fatally hit by a Porsche 968. The owner was a bit of a chancer and said Ben had done hundreds of quids worth of damage to the car which was remarkable fixed the same day and he wanted paying for the damage. Dad smelt a rat and wanted to know how much he was going to pay for killing his sheep dog.
Blokey didn't think the dog was worth anything as it was just a dog. Dad proceeded to ask if he had ever seen sheep in a field, he had. The asked how he thought the sheep were rounded up, it was with a dog. He then asked if he had ever seen sheep on he mountains in Wales, which he had, and how did he think the sheep were rounded up. He then asked how much he thought our dead dog was worth.
Our dog shouldn't have been on the road, but it turned out the guy was attempting to make a false insurance claim and when presented with the farm insurance company went remarkable quiet.
So, of course animals have a market value, it just depends what the animal is.
One day Ben was on his "rounds", (sniffing around the neighbourhood) when his green cross code failed him and he was fatally hit by a Porsche 968. The owner was a bit of a chancer and said Ben had done hundreds of quids worth of damage to the car which was remarkable fixed the same day and he wanted paying for the damage. Dad smelt a rat and wanted to know how much he was going to pay for killing his sheep dog.
Blokey didn't think the dog was worth anything as it was just a dog. Dad proceeded to ask if he had ever seen sheep in a field, he had. The asked how he thought the sheep were rounded up, it was with a dog. He then asked if he had ever seen sheep on he mountains in Wales, which he had, and how did he think the sheep were rounded up. He then asked how much he thought our dead dog was worth.
Our dog shouldn't have been on the road, but it turned out the guy was attempting to make a false insurance claim and when presented with the farm insurance company went remarkable quiet.
So, of course animals have a market value, it just depends what the animal is.
Dammit said:
My cat is air-cooled, and looking at how he sometimes fails to corner I suspect he's also rear-engined.
I'd therefore put his value at around £150,000.
Have you sanded his top coat off and put a metal rack covered in old suitcases on his back? That will increase his value even further.I'd therefore put his value at around £150,000.
TwigtheWonderkid said:
If someone runs over my cat, they are obligated to repair or replace, whichever is the lower value. Even if it was all their fault (cat was in my garden, they crashed thru my hedge). In the case of my cat, replace for a fiver! It's just a mixed breed fleabag. If I want to repair my cat, I have to pay myself (unless I have pet cover).
'fraid you've got it the wrong way around, in general. If someone runs over your cat, you're able to avoid paying for any damage that may have caused their car. If they run over your dog, you'll have to pay. Keep your animals under control and off the road, please 
I believe repairs being limited to the value of the car is convention based on the principle of mitigating losses.
It would generally be unreasonable to claim £5k to repair a car you could easily replace for £2k.
It might be reasonable to spend £5k to treat a beloved pet, even if you could get a younger replacement for free from a rescue centre.
It would generally be unreasonable to claim £5k to repair a car you could easily replace for £2k.
It might be reasonable to spend £5k to treat a beloved pet, even if you could get a younger replacement for free from a rescue centre.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff