honesty leads to caution!!

4 Dec 2004

I can't believe it!!
While Ken was drving home from work today a little dog ran out from between cars in front of braked but it was too late .. the dog died within minutes, He put the poor little dog to the side of the road, It didn't have a collar tag on.. He didn't know who the dog owner was.
He was pretty shaken up about it and feeling really bad..
He decided to call the police to report it,When they came to the house they took a statement then asked for insurance documents ect.
This is the bit that shocked me :shock: They said to hubby because it comes under a road traffic accident ! we have to caution you ! and read him his rights.. Don't worry he said it's just a legality, The owner of the dog could claim hubby insurance
Where is the justice in that!, Shouldn't they be one responsible for their animal ?
Has anyone else in here ever been in a horrible situation like this?
Lucy

4 Dec 2004

If I had knocked a dog over (or cat) I would have been gutted, being responsible and reporting it and getting a caution means one thing .........
TIME TO RECLAIM OUR COUNTRY IN THE NAME OF COMMON SENSE & DECENCY!!

4 Dec 2004

I formerly worked in pet and livestock insurance and in order for the dog's owner to make a claim on the driver's insurance, they would have to prove that they were not negligent in allowing the dog to be out on the street without a collar and lead.
Allowing a dog to be on the street without a collar and lead is itself an offence under the Road Traffic Act, so they may find themselves on the wrong end of the law if they persue the claim.
It must have been an upsetting experience for Ken and I hope the dog's owner will see this for what it is - a very sad accident and something which could have been avoided if they had kept their pet under proper control sad

Tracy-Jayne

4 Dec 2004

As far as I was aware - since they abolished the dog licence, you don't have to report hitting a dog.
At least that was the case some years ago shortly after the licence went - I worked for a transport company then - and we kept getting told by the police not to bother them by reporting accidents involving dogs!

4 Dec 2004

Quote by PoloLady
As far as I was aware - since they abolished the dog licence, you don't have to report hitting a dog.
At least that was the case some years ago shortly after the licence went - I worked for a transport company then - and we kept getting told by the police not to bother them by reporting accidents involving dogs!

This is innaccurate. Dog accidents still have to be reported - cats and most wildlife do not.
I expect they didn't want reports being made to avoid paperwork but legally it must be reported. If you hit a dog and don't report it and get found out later, you can be charged with not reporting it along with other offences relating to the accident.
Farm animals are reportable if they are hooved - ie cattle, pigs, horses, sheep etc. Chickens, ducks, geese etc are not reportable.
It is a very complex law but the best thing in a situation involving any animal is to report it anyway. Better safe than sorry.
T-J

4 Dec 2004

i know i may sound cruel,but if owner does make a claim then u have no alternative but to counter claim for any damage/cleaning done to your car.............previously hit a dog with a moped and it damaged the plastic faring,owner went balistic shouting for insurance for vet bills so i said ok whats ure name cause my insurer will claim againts u cause ure dog was out on a public road without collar or lead(i had witnesses)he shut up and carried his dog home.................personnaly i wouldnt worry about it unless hubby drove into someones garden to hit the dog lol

4 Dec 2004

Being a dog lover myself, I can see how your honesty would be appreciated, but the question has to be asked about the responsibility of the dog owner and why the dog was running around with out a lead??

4 Dec 2004

a dog ran out in front of my dads car a few yrs ago but he swerved and went through a hedge and ended up having to pay for the damage to that as well as righting his car off evil

4 Dec 2004

I hit a dog a number of years back.
The dog survived but the owner sued for vet fees.
I had stopped to check the dog was fine but the owner got aggresive. When I reported the accident I also mentioned to the police about the attitude of the owner.
Their answer basically was the dog with anyone when it ran onto the road and was the owner anywhere in site when it happened.
Answer NO to both questions.
Then they advised me to counter sue for damages done to my car.
Didn't hear from the guy again.

4 Dec 2004

Quote by PoloLady
As far as I was aware - since they abolished the dog licence, you don't have to report hitting a dog.
At least that was the case some years ago shortly after the licence went - I worked for a transport company then - and we kept getting told by the police not to bother them by reporting accidents involving dogs!

Under the Road Traffic Act 1988 (sction 170), "if you are involved in an accident which causes damage to any other person, vehicle, animal, or property, you MUST... report the accident to the police as soon as is reasonably practicable, & in any case within 24 hours" (quoted from the latest edition of the Highway Code, rule 260). The exception is cats, because they are not covered in law.

4 Dec 2004

I'm not sure if the laws are different in Scotland, But you do have to report it ! If the worst case scenario was that the owner if found? decided to claim the insurance, I think since the animal was out with no collar tag no one in charge, I hope the Insurance company would take that into consideration when they decide if a claim has to be made...How can a person be so irresponsible for allowing the dog to roam the streets in the first place. But when all is said and done I think he is glad he reported it, It keeps him on the right side of the law!
Lucy x

4 Dec 2004

Quote by lucyweebaps
I'm not sure if the laws are different in Scotland, But you do have to report it ! If the worst case scenario was that the owner if found? decided to claim the insurance, I think since the animal was out with no collar tag no one in charge, I hope the Insurance company would take that into consideration when they decide if a claim has to be made...How can a person be so irresponsible for allowing the dog to roam the streets in the first place. But when all is said and done I think he is glad he reported it, It keeps him on the right side of the law!

As a trainee driving instructor I spend quite a lot of time studying the various books (I actually had the book right beside me when I read the original post biggrin

), & any differences in law between the different countries are highlighted. Actually the only difference I've come across so far was one for Northern Ireland, & none so far for the Land of the Celts & Picts!!!

4 Dec 2004

One night many years ago I turned in to our road to find a cat which had been run over thrashing around in the middle of the road.
I got out and read the tag on its collar - it was awful seeing it suffer.
I went 'round to the house on the tag and told the owner, who nearly fainted and then immediately assumed that I had run it over. Made me feel really good - (NOT)>

4 Dec 2004

The law is all wrong at times. A friend of mine had horses, someone broke the fence on their field overnight and one of the horses got out and was hit by a car, there was a lot of damage done to both car and horse and my friend was sued for negligence even though someone had willfully broken the fence allowing the animal out.
One of the horses i had was hit by a car on a quiet country lane but as the insurance companies couldn't determing who was at fault my insurance company finally had to pay out Â£513 to repair the car and thankfuly the horse wasn't injured

4 Dec 2004

I believe that you can formally reject a caution, and force the police to either retract it, or go to court (which they can't do as you've not commited an offence).
It might be worth looking into this, since a caution stays permanently on your record... googling didn't find me any good advice on this though.

5 Dec 2004

Quote by Mister_Discreet
I believe that you can formally reject a caution, and force the police to either retract it, or go to court (which they can't do as you've not commited an offence).
It might be worth looking into this, since a caution stays permanently on your record... googling didn't find me any good advice on this though.

A caution is just another way of dispensing justice. For a caution to be given they must have the same amount of evidence to prove a prosecution and you must admit your guilt. If you have not broken a law or do not accept the caution then they will have to take you to court. Will the CPS think this is in the public interest and carry on with the case? I don't think so.
Dave_Notts