my car was hit by a cow on a public highway - is the farmer liable for damage caused?

Answer 1

he might have moo insurance, but if he has im sure you could milk it.

serious answer possible coming shortly

look on animal section in the highway code.
http://www.highwaycode.gov.uk/a.htm

Answer 2

I live and adjusted claims in a rural area, so I know the answer to this.....

The owner of the cow is liable for damages IF:
*it's reasonable that you could not have avoided the cow. This would be the case, say, if the accident occurred at night. If you reasonable could have avoided it, say it was a lone cow on a straight road at noon, you're at fault.
*You can prove who owned the cow. Usually you need a Brand Inspector to come and make that determination. Sometimes the cow gets so obliterated that no brand remains, in which case you have to prove an open gate or broken fence.

The owner is NOT liable if:
* You could have reasonably avoided it
* There is no clear indication who owned the cow
* You were driving in open range. Most open range areas say that farmers cannot be held liable in any fashion for the actions of their livestock.

Answer 3

If you can prove the farmer was negligent in fence maintenance, or other acts, the farmer MAY be held responsible. However, cows are pretty large, and relatively slow moving, so it seems to me someone who doesn't see a cow needs an eye exam, or was driving too fast for conditions.
By the way, hitting a cow, horse, dog, etc, does not count as wildlife collision for those policies that have a zero deductible for wildlife. Your car might think hitting a deer and a cow are the same, most insurance companies don't.

Answer 4

How fast was the cow going? lol

If you can prove negligence then the farmer would be liable, if you can't then the farmer may say that you owe him a new cow.

Just turn it in to your insurance company and let them fight over it. It is the same as hitting a deer, although I did have a deer hit me. Once my headlights got past the doe's eyes she charged to get across the road and hit my truck right in the middle where the cab and box meet. Did about a $1000 worth of damage, and that was some years ago.

good luck.

Answer 5

Not unless you can prove negligence on the part of the farmer. He KNEW his fence was down, and didn't take steps to correct the problem, or he intentionally left his gates open knowing his cattle would wander off. Without negligence, no. In fact cows do sometimes get out through no fault of the owner of the cows. Luckily the farmer also can't go after you for the value of his cow that you just made worthless.

If you have collision coverage, your insurance would cover it the same as a deer vs car accident.

Answer 6

Only if the farmer (or rancher) was negligent, i.e; is there a history of his cows getting out and if so, has he attempted to remedy the problem? If the cow just managed to break out (like any animal will do) then you better count on your comprehensive insurance to repair your car.

Answer 7

Usually it is the responsibility of the farmer to keep livestock fenced. If there were cow crossing signs, then he might not be liable. I think the law varies by location.

Answer 8

Probably. If it was a dog that ran out and caused you to swerve and damage your car, the owner would be liable, so I would guess the farmer would be too.

Answer 9

Yes if you can prove he was negligent in failing to keep the cow enclosed if that is the case then he is liable for the damage caused by his negligence

Answer 10

What excatly were you looking at when driving?

"My car was hit by a cow"

No, you drove into the cow perhaps, hitting the cow

Answer 11

How slow must your car have been moving to get hit by a cow?