If you hit any of the following animals you'll need to tell the police: Watch the animal from a safe distance to see if it's . Parking garage gates, pool fences, property fences, drop down doors. At 11.30pm on Sunday evening, a car crashed into the Brandenburg Gate on Berlin's famous Unter den Linden boulevard. Ronald E Franklin (author) from Mechanicsburg, PA on July 31, 2016: charlie, I'm very sorry your dog got hit. Is it worth pursuing damages from management? Thanks for your response. A man is dead after officials say he crashed into a barrier at one of NAS JAX's gates Thursday morning. The property damage coverage provided by the liability portion of your car insurance will cover the damage to the other vehicle. If you believe that the gate was faulty (and, as a practical matter, that you can prove that), you can sue the complex for the cost to repair your car (of course, if only the headlight was damaged, that may be more trouble than it is worth). Press question mark to learn the rest of the keyboard shortcuts. suggests the following link as an extra measure to safeguard your data: Should I Get An Estimate For Damage To My Home Before Filing A Claim? Depending on how your insurer interprets the details of your claim -- and its own policy language -- the damage could be covered under either the comprehensive or collision sections of your policy. Help? What Happens if Someone Else Is Driving My Car and Gets Into an Accident? Ronald E Franklin (author) from Mechanicsburg, PA on August 15, 2019: Jody, I can't give legal advice, but for what it's worth, my personal opinion is that based on what you've shared, I don't see how you can be held liable. How Long After an Accident Can You File a Claim? Remember that you typically won't be held legally responsible for hitting a dog that's out on the road. My heart is broken. As soon as it opened I drove through it and in no way did it give me enough time to go through. Sorry for the double post, this thing submitted twice somehow, and I can't delete one. Thank you for sharing this valuable info. Create an account to follow your favorite communities and start taking part in conversations. Alberta Auto, Home, Business and Travel Insurance Broker, [Tesla] Ronald E Franklin (author) from Mechanicsburg, PA on September 11, 2014: Thanks, Laura335. It was an automatic gate. Questions about insurance for your new home? I had a moment of carelessness that is going to mentally destroy me for the rest of my life because every time I look at my pets, i think of what i took from someone. In general, if you stop and make a reasonable effort to help the animal, the legal responsibility for the accident will not fall on you, but on the owner for allowing the dog to run loose. Compare those numbers and determine the best strategy for minimizing your costs. A friend of the owner went on a social media page and called the driver that hit the loose dog a "scumbag" and said that "they deserved to be shot". However, the older woman who was driving was completely incompetent of driving. Keep these questions in mind when determining whether you should file a claim. I have "no" desire to kill animals. I did not think it would live, but its owner nursed it back to health. I want you to know I hate animal cruelty as much as I hate German Nazis.It is sick beyond humanity. The property damage clause of an auto policy comes into play here, up to the limit set in the policy. Is there such a sign? Thank you. And regarding your damaged house, dont worry because your home insurance will pay for that if proven that the damage is not intentional. I think I would be terrified to do that, for fear of someone coming unglued and attacking me! So I went on my way! Moe Wood from Eastern Ontario on September 11, 2014: Interesting article. Keep your dog inside or on a leash until it's reliable off leash and even then, stay with it! Failing that, claim it under your comprehensive insurance, pay the deductible, and tell them to recover it later on. While exiting our gated subdivision, the automatic gate closed on my car causing damage to the right quarter panel. Then a boat breaks off the RR crossing arm. Most jurisdictions have ordinances requiring that owners keep their pets under control at all times. Dave, if you're still guilty reach out to someone and talk. but I turned around a neighbor had already called 911 and the police and owner arrived shortly after thanks for wise advise. Nobody wants to pay for repairs out-of-pocket. The legal implications outweigh any benefit of remaining at a scene if the probability is that no good will come from it. Jennifer Mugrage from Columbus, Ohio on January 20, 2016: Good to know. The car crashed between two of the iconic monument's six Doric columns. In light of these recommendations from CCSPCA, there is one thing I would change about the way I responded when the dog collided with my car. Having a police report that is detailed and accurate can also make your claims clearer.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[320,100],'teamais_net-leader-3','ezslot_14',111,'0','0'])};__ez_fad_position('div-gpt-ad-teamais_net-leader-3-0'); Moreover, if you are hurt or injured, police officers can easily call for an ambulance or emergency services. Supposed to be a no. Hi, Leilani. Use that information to then get the driver to cover as much of the repair costs as possible. Your actions are entirely understandable, and I don't think anyone will hate you for what happened. The passenger in the back seat witness the incident and he stated that he has been residing there for over a year and that the gate shouldn't of closed as fast as it did. The roads seem to be littered with dead animals that no one seems to care about. Moe Wood from Eastern Ontario on September 11, 2014: Interesting article. The dogs collar said its name was Paco. Your property damage liability coverage will pay for the parked car's damage and your collision coverage will cover your car after you pay your deductible. I did the best I could to avoid it. Why does it look like it's the door that got hit. I feel responsible as a pet owner that the dog wasn't leashed (we have 3.25 acres) but we were outside playing; however, I also feel being the road signs clearly state no trespassing, the lady had no business on our street. May 17, 2019. Malfunctioning gates and fences can cause catastrophic and traumatic bodily injury and death. There are steps you can take to help prevent your child from being struck by a car. Your damage should be paid for in full through the driver's policy in that case. Something your acquaintance seems not to be considering is the effect killing a pet has on the driver. She escaped out the door when people came over and bolted for the road. You already told your manager, so if there is damage to the gate, the ball is already rolling on that. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisoror any other licensed professional. Because the apparent owners of the animal were on the scene, and immediately took charge of their pet, it seemed to me at the time that I had no further responsibility in the matter. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorneys firm and get authorization to send that information to them. A TV reporter shocked viewers by being knocked down by a car during a live broadcast in Dunbar, West Virginia. (Technically you should still tell the insurance . It is a context-dependent judgment call -- can you do anything for the animal (not the owner -- it makes no sense to stop solely out of obligation or to provide sympathy for an adult owner who let this happen to begin with and who would potentially be hostile)? You can skip this process if the accident is just minor. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsors profile page. Please do not message or phone me for additional advice as the discussions would be outside this forum and would not be visible to the public (the exception being for serious prospective clients). The roads were completely clear, it being Christmas morning. I hope this article helps to overcome that. Dogs should be on a leash or in a fenced in yard. Please login to post a reply (click Member Login on the menu). The cat will be terrified and likely in pain so avoid any sudden movements and aim for slow, gentle body language. This situation is quite tricky but the good part is, if you are properly insured, you can be at ease that you will be covered.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[320,50],'teamais_net-medrectangle-3','ezslot_3',136,'0','0'])};__ez_fad_position('div-gpt-ad-teamais_net-medrectangle-3-0'); if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[250,250],'teamais_net-medrectangle-4','ezslot_8',106,'0','0'])};__ez_fad_position('div-gpt-ad-teamais_net-medrectangle-4-0');Your Auto Insurances Liability Coverage will only cover when you hit other peoples property. this happened to me today. Out in the country right by their driveway and the person didn't stop. Furthermore, I recall the groundskeeper at the complex had posters out earlier this year asking if someone saw a RED SUV hit the gate (my mom's a Silver car). If I felt I could save the dog without risking my own safety or legal punishment, I'd stop. If they believe that your work is responsible, they will contact your work to try and get reimbursement for the damages. Heres why you should consider it. But police matched a piece of a car grill found at the scene to Ruggieros Honda, and five hours after the accident she was arrested and charged. I hope it was ok to this day. Its like i want to be punished because even though I would never hit an animal or anything on purpose I'm so anxious about taking someones pet. As a car approached me on the other side of the road only a few yards ahead, a dog sped out of nowhere, narrowly missing the oncoming car and headed straight for me. This is very enlightening and prompted me to look into what the laws are for my area. Never knew it can be legal action this has happened to me but sad to say when I stopped the dog just ran off and I said ok it's alright and pulled off. Even if it's to put it out of its misery. Your deductible will apply, so you'll need to pay that before the insurance starts coverage. Thank you for contacting the ASPCA and sharing their recommendations with us. Since accidents can happen anytime, read your insurance contract. Estimated damage is $407. Is the dog owner responsible for this??? Messages posted by HOATalk or other membersare for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. #13. kataleen said: You cannot program the car to open commercial grade gates as well as newer residential gates [EDIT: without access to the LEARN button] for the simple reason that they use a rolling code. My landlord said this is the way the gate operates as you exit and I should have known that. I hope you never have to put it into practice, but it's great that you've already decided to do the right thing if you should hit an animal. I know she can't truly be replaced, but I do hope you'll find another dog to love. We saw what was about to happen and literally ran into the middle of the road to bang on her window and get her to stop before hitting my dog, but she did not pay attention at all. ", and I don't want trouble from a legal system that has often proven itself unfair and unjust. Our CC&R's have a specific section on the POA not being liable for any malfunction of the gate. 2.5" Crucial MX500 1tb SSD for $85, [No Frills] Staring down the barrel of a crying little girl's dad's shotgun or standing there and enduring a barrage of insults from family and neighbors would not have helped the dog. file a claim with the parking lot owner first, if he does not want to pay up then go through insurance. if someone wore a realistic deer costume and wandered (exactly like a deer) onto a place where hunting deer is legal, and a hunter shot him, would the hunter be charged with a criminal offense? That's what it's for. Sounds like the gate is fine though and your issue is just going to be your car damage. Thanks so much, Marlene. Nobody seemed too concerned about the motorcyclist, who had also been thrown from his motorcycle. The policeman told me the dog was dead so he would not take him to the animal hospital. Contacting the authorities will demonstrate that you made a good faith effort to help the animal. I'm really sorry you've had to go through the trauma of hitting a dog. Making a Claim Against the Driver Involved in the Accident. But, in the U. S. at least, since cats are domestic animals, I think it best to handle them just like dogs. How can I avoid any costs associated with potential damage to the gate which I assume to be nothing as it worked fine when I left today? At the very least to apologize for the harm the animal has been through because of your actions. Ron this very good information that you have provided. My 3.6's rear gate clicked shut just a fraction ahead of the MB. "What Is Covered by Collision and Comprehensive Auto Insurance? Thanks, swilliams. That is a key issue in the case of military is going to be able to give you an opinion on whether you will win. On another note, If your vehicle is damaged in an accident with another vehicle or an inanimate object like a fence or tree, Collision Insurance may assist cover the costs of repairs or replacement. If a driver commits a hit-and-run where someone is injured, it counts as a second- or third-degree felony in Florida and carries with it much more stringent penalties: The driver will face up to five years in prison and a $5,000 . At that point, its fate was sealed. Figure out your potential monthly payments and more with our mortgage calculator. 607. In fact, it's more likely that they could sue you since your dog should not have been loose. Insured Driver without a phone on March 15, 2017: With the screwed up laws in this country, I'll bet any ambulance chasing lawyer will find a way to make any INSURED driver, have to pay for hitting a LOOSE dog even in the street, despite lease laws! Dogs have a better chance of survival. Personally, I hope I never have to tell some family that I just killed or disabled their pet. Shamim Rajabali from Texas on September 11, 2014: Good to know. I've never had the misfortune to hit an animal myself, not to my knowledge, but most of this is plain common sense. Any advice? . Dispatch said they would have someone go and pick it up. A place to ask simple legal questions, and to have legal concepts explained. But if the damage is severe, repairs for cars can be very expensive. The first thing you need to do is decide whether you file it under your Homeowners Insurance or your Auto Insurance? They only took it out of service and kept it open AFTER my mom reported the incident. There may be some exceptionsfor instance, if both cars were backing up at the same time, or if the other driver was ignoring traffic signalsbut it's usually the responsibility of the driver backing up to ensure that all is clear. Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions ). My concern here is that while I would love to have some of the damage to my car repaired on someone else's dime, I don't even want to bring it up and end up even being approached about any potential damage to the gate. co. will have to pay the victims ins. Often times our fears are related to feeling a loss of control. We each emptied our baskets in the rear of our vehicles, and touched the button to close the rear gate at the same time. They can open vertically, horizontally, or a combination of the two. Sometimes it is drivers who don't care and sometimes it is loose animals on purpose. Most experts recommend upping property damage coverage to $50,000 and bodily injury even higher. Remember that typically the owner of the dog is legally required to have their pet on a leash or restrained in some way. Do you need to clean up the mess and the damage that was made or just leave it like that? If none, reset the power on the gate operator. At the intersection where I was about to turn onto my street, a group of youngsters was happily playing on the sidewalk. Make sure that you'll get your insurance claim approved by maintaining a Home Inventory Checklist! Drivers are responsible for being aware of their surroundings and driving safely. However, it can cover the damage you made to your car due to the accident. Who's At Fault in Accidents Caused by Black Ice? Automatic gates in my apartment building closed on my car last week as i was driving through them. Like that over and bolted for the damages when people came over and bolted for the damages bodily and... 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