can i ask your opinion on insurance problem

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Scott110

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can i ask your opinion on insurance problem
« on: February 28, 2016, 06:44:46 PM »
Hi
Ok just your opinion or if you actually know for fact.
3 weeks ago heading north out of ballantrae on the a77 I hit a bull calf. I was doing roughly 50mph just start the climb lane if your familiar with the area. Animal survived and ran off towards ballantrae. I pulled over and called the police. They turned up and whilst taking details the farmer turned up stating it was his animal and it must have jumped a fence or got across the cattle grid. Police said to me he is liable don't claim of my own insurance etc. Anyway fast forward his insurance company, you probably know who but ill not name here said as its an animal its liability so not straight forward. Friday farmer calls me saying his insurance have been out checked all his fences which were fine but the cattle grid was back filled with dirt etc and that's how it got onto the road. They Sa its not the farmers responsibility to keep it clear and the local council is to blame. They said to him he should just walk away. I called the police who came out and they cant believe this is even being questioned. Now my insurance are ready to jump on this but want to go straight to court. Thing is effects my otherwise perfect driving history license and insurance wise. Really fking pissed off. Any advice be really appreciated.
Scott
1988 Defender 110 300tdi. Bit of an animal.
1998 Defender 90 300tdi. The new pup.

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piper5

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Re: can i ask your opinion on insurance problem
« Reply #1 on: February 28, 2016, 09:54:54 PM »
i had similar with a dog, police said the dog owner was liable and gave a crime number etc. owner wouldnt pay up , insurance companies got involved and the dog owner paid my excess, basically i got screwed. cost of claiming through the courts wasnt worth it.
maybe speak to the police and see if they could raise a charge against the farmer for uncontrolled animal, same as a dog on the road?

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Scott110

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Re: can i ask your opinion on insurance problem
« Reply #2 on: February 29, 2016, 07:19:22 PM »
Hi
Thanks for your advice, I called the police back and they going back to have a word! What their annoyed about is had I not hit it one of those micro city cars was coming the other way passing me just as it happened. In their eyes maybe if I did not slow the bolting animal the wee car might have hit it head on resulting in something alot more serious. The police said the sheer size, height and weight meant I was ok and only resulted in a wrecked front wing, bumper etc.
So they called the council and as its classed as a trunk road found the relevant department. They have to double check this week but initially said the farmer is liable as the cattle grid is not on the main road but on the entrance to his property. Its his responsibility.
Once they get back I'm too give the details to the police and they will set his insurance company straight.
It would be a different matter if I killed his beast, I don't think the farmer or his insurance are setting a good example when the evidence is so clear cut.

1988 Defender 110 300tdi. Bit of an animal.
1998 Defender 90 300tdi. The new pup.

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kvz2000

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  • Name: Donald
Re: can i ask your opinion on insurance problem
« Reply #3 on: March 01, 2016, 01:19:45 PM »
Hi Scott,

I've sent you a message which I'm sure you'll be interested in .

Donald

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Scott110

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Re: can i ask your opinion on insurance problem
« Reply #4 on: March 01, 2016, 07:33:05 PM »
Hi Donald.
Yes message received! Thank you very interesting reading.
Scott
1988 Defender 110 300tdi. Bit of an animal.
1998 Defender 90 300tdi. The new pup.