Whats the law here? My friend ran over our cat and wont help pay for the vet bill?

Question

yesterday after noon, my friend was pulling out of our drive way and ran over our 5month old bengal cat who was playing in the bush next to our drive way.
Our cat and her car were both on our property when it happened and the cat was rushed to the animal hospital and is doing ok. She has several facial problems and is losing alot of blood but therwise is doing well. there is a slight chance she may need an operation and/or suffer mental deformaties. I love this cat as if she is my baby and cannot part with her. The vet bill was already reached beyond what we can afford (what will a new house morgage and 2 kids- on benefits).

Anyway so back to the queastion...my friend wont pay for it even though she ran her over...what is the law here? Is she legally obliged to pay for medical expenses? Does it make a difference as to whether it happened on our property or council property? Should she at least have to pay half the expenses?
any answers are very appreciated - thanks

Answer 1

The fault here is yours. And only yours. I feel bad for your cat, but I also feel bad for your friend. As the cat's owner you are responsible for everything it does, and everything that happens to it. Had you been responsible, this would have never happened.

Your cat is only a kitten, and has no protection. Not from any car, other animal, or human, for that matter. It fell victim to your friend's car, when she unknowingly ran it over. It was not her fault. She had no intention of harming your cat.

Your cat is at risk the minute you let it outdoors, even in your own yard.

You need to look after your own animal, and stop expecting others to do it for you.

I think you should accept the blame for what happened, and apologize to your friend for blaming her, and trying to make her pay for something she could not prevent - but you could.

I hope your kitten recovers fully. And I hope you keep him indoors from now on.

Answer 2

Unfortunately, she has NO obligation to pay any expenses.
Regarding the law, a car-animal accident is for insurance reasons always considered an act of god and no fault is ever assesed to the driver.
In addition, since it was on your property, if there was any damage to the car YOU would be responsible.

Sorry, I believe it is your responsability to pay the vet bill. Even if she was a trespasser and not a friend, your property would need to be posted as such and then you MIGHT be able to take her to court, but your lawyer bills would be more than the vet bills and the only people who would win would be the lawyers.

Cars are a small reason to keep your bengal inside... Cats transmit many serious contagious diseases and you could easily kill a $5,000 bengal by allowing it to be sneezed on by a stray with a highly contagious antibiotic resistant upper respitory infection. These as well as blood parasites are becoming quite common in the US.

Cats in the house live a long time. Average life expectancy of an indoor-outdoor cat, 4 years. Keep your cat inside, and pay the vet bill to get it healthy again.

Answer 3

Small claims court would award you damages for the vet bills because the other person WAS at fault, and it happened on your property. They've shown this over and over on court tv, so a long talk with the neighbor about covering the vet expenses is in order. IF you take it to small claims court, the other person will not only be out the damages the judge awards you, they also have to pay court costs, so they're looking at even more expense. Best to let her know that.

Cats are property. If the neighbor had backed over your prize rose bushes or damaged the foundation of your house, they'd be expected to pay for repair or replacement. A cat is no different.

If you wish, you can consult with a lawyer (first hour is free, or half hour, check with the lawyer). They can advise you and they can also write a letter to the neighbor on their legal stationary to the effect of what's going to happen if the person doesn't step up and attempt to make right what they did wrong. If you need free lawyer help, check the phone book for 'legal aid' they do pro bono work.

Answer 4

I doubt there are laws about this sort of thing that would be in your favor. Your friend was on your property with your permission and you allowed your cat to play unsupervised by the driveway. I imagine your friend feels terrible. I am very sorry for you and your cat.

Answer 5

Civil Law, 101
Can you claim the animal is a comfort animal and active in your stable mental state? IE, kitty keeps you from going crazy? If the answer is yes, then you can take your friend to a small claims court citing mental anguish for the harm done to your animal.
You may be able to this anyway, mental anguish covers alot of ground, but you do have to show genuine distraught and an inability to go through your normal activities due to the animal's injury.
Of course your friend isn't much of a friend if she doesn't even offer to help.

Answer 6

Your strength is that the cat was on your property. However, I have no idea what the legal jurisdiction is where you are located. However, generally when you bring in the law (authorities) this only results in bad feelings between neighbors. And it may also not solve anything. Try to persuade her that she had a moral obligation to at least assist in the medical bills. Perhaps she is not agreeing to an open ended bill, but may be able to be reasoned with.

I am glad your cat will be all right. You must have had a tremendous fright, as it is like one of your family.

Answer 7

I'm surprised that you expected your friend to pay for running over your cat on your property. It is up to you, the owner, to make sure that your pet is safe- not your visitor's responsibility. Do you have home owner's insurance? Sometimes it will pay for accidents that happen on your property- but- not sure this qualifies. I'm very sorry your cat is injured. I hope she fully recovers. Your friend should not have to pay.

Answer 8

Questions like this relate to the laws in your particular locale: your state and your city. You need to find out what those laws are, and to do that, you will have to consult with a lawyer. Usually, a lawyer will do an initial consultation for free and will apprise you of your rights and the laws in your particular circumstances.

If you don't want to consult with an attorney -- which is the best thing for you to do -- you may be able to find out from your local SPCA, if you have one, or your Humane Society. You can check with them and see.

If the law is on your side, if you have a case, if your friend was negligent or some such thing, this sounds like a GREAT case for Judge Judy, and I by golly would write her a letter, if you have legal grounds to sue for veterinary bills. But whether you would decide to try that avenue or not, you need to know what your rights and responsibilities are in this matter and where the laws of your region stand in circumstances like yours.

Sentiment says that your friend should be responsible and help out. That is, after all, what a friend does in any circumstance, but particularly in a circumstance where they have caused you or anything you love damage or pain. But the law may stipulate that you should have known where your cat was when your friend got into her car and began to back out. So you need to find out stuff like this, so you can mount a case.

You can speak with the animal hospital to see if they will let you pay them gradually. You also need to call around to animal welfare and animal rights organizations, let them know your circumstances, and see if there is someone who can help you will these bills. Or someone who can loan you the money. There are indeed animal philanthropists. Be diligent. You could luck out.

Because the truth is that, no matter how you may feel about it, your friend is probably going to let you pay these bills yourself, and if you get reimbursed for them later, it will probably be much later rather than much sooner, because you will have to go to small claims court or go on TV to eke the funds out of this person.

Maybe not. Maybe your friend will come around. Inform yourself regarding the laws in this circumstance, and if you have a clear case, call or visit your friend and tell her. Be a friend, but let her know the points of law, and let her know that if she doesn't help you one way, you will have to go to court. That you value your friendship, and don't want to be adversarial about it, but . . . Maybe you will get something that way.

I am really sorry you and your little kitten have to go through this, and I certainly hope the law comes up clearly on your side. Good luck.

Answer 9

OK, I've no idea how you stand legally - although I think most people will agree where you stand morally!
I would suggest two things....first off, ask your neighbour to check their car AND home insurance, you'd be amazed what IS often covered in the small print - and if they can claim off their insurance, THEY might feel they aren't really paying (even though they bloody well should be!). If you get no joy there, I would send a copy of your bill to them....might as well guilt trip them, might not help, but they should be made to face up to what happened. If you REALLY can' t afford your vets fees, speak to someone like the PDSA and see if they can help, seeing as you're on benefits. I would also contact the local Citizens' Advice...in my personal experience they are about as much use as a chocolate fireguard, but it's free, and you don't HAVE to take any advice they offer. If I injured ANYONES animal, I would immediatley offer to pay AT LEAST half the bill! Bear in mind, that in the eyes of the law a cat is a wild animal......and here's betting your neighbours are fully aware of that hitch.
Speedy recovery
=)

Answer 10

Another cat owner that isn't taking responsibility for an uncontrolled animal? Who knew?