Driver hit chicken, wants us to pay for new bumper

[Vamvakas]

1k for a bumper??! Is that guy alright in the head?

 

[Coralietg]

1k for a bumper??! Is that guy alright in the head?

The estimate she brought by today was for $530 or so.

 

[Granny Hatchet]

did you mention to your ins. that kind of damage cant be done at 20mph?

 

[Plough]

Do not pay them out of pocket unless required and documented. Paying them is just like claiming guilt in a car accident, and as I see it, the MOST you could be responsible would be 50%, unless you actually threw your hen at her car.

I would look in to what laws are on the books about requirement small animals in the area your in (City or county).

I would also speak to any police/ law enforcement about it, just an informal "here is my situation what do you think." If you could get an officer in traffic collisions department that would be best. Explain the amount of damage and get pictures of the damage too, if they cant provide them let it go to small claims.

If it goes to court, it will most likely be small claims. I'm fairly sure, although not guaranteed, the most you would be liable for would be for 1/2. The driver is responsible for watching road conditions, unless there's some gross negligence on your part.

 

[skunknchatter]

Our county is considered "open range". It's posted everywhere so any livestock (including chickens) you hit you have to pay the owner for the loss of their animal.

In your situation I would say if he didn't file an accident report he's SOL. If you did $1,000 worth of damage hitting a chicken you weren't going 20 MPH that's for dang sure.

 

[cstronks]

Threaten to go to court and have the speed assessed. Hitting a chicken shouldn't do any damage. My buddy accidentally hit a goose once going about 45. Damage to the car was minimal at best. A slight scratch, one small piece of broken plastic, shallow dent the size of a quarter that was popped out with one of those as-seen-on-tv devices. Took a good while to pull all the feathers out though! Whatever you do, don't pay, and if they get frisky with you, then get frisky back!!!

 

[TTracy]

Do not pay them out of pocket unless required and documented. Paying them is just like claiming guilt in a car accident, and as I see it, the MOST you could be responsible would be 50%, unless you actually threw your hen at her car.

I would look in to what laws are on the books about requirement small animals in the area your in (City or county).

I would also speak to any police/ law enforcement about it, just an informal "here is my situation what do you think." If you could get an officer in traffic collisions department that would be best. Explain the amount of damage and get pictures of the damage too, if they cant provide them let it go to small claims.

If it goes to court, it will most likely be small claims. I'm fairly sure, although not guaranteed, the most you would be liable for would be for 1/2. The driver is responsible for watching road conditions, unless there's some gross negligence on your part.

x2!!!!

 

[Scott H]

You are way too nice. ... tell them to fly up a duck's butt...a chicken cannot do that kind of damage. I would not even talk to them again. .. unreal.

 

[Blue CopperHen]

x2!!!!

X3!!!!

 

[Sonoran Silkies]

The Sheriff's Department just stopped by and asked some questions. He took pictures of our chickens and of the splat and feathers in the road. He spoke to my partner on the phone.

She stopped by this morning with a $500 estimate. It could be a lot worse. At this point I'm just hoping for 50/50. It was our negligence that let the chicken into the road, but considering the damage to the chicken and our open stretch of road, it's very unlikely the driver was doing the speed limit.

On the subject of cats and dogs that have been hit, I've seen an episode of People's Court where a lady ran over a dog, and sued the owner of the dog for damage to her car. She won.

I'm sure we are liable for damage, but I don't think we are 100% to blame. Speed was definitely a factor, and that is the only thing in our favour.

Chickens aren't considered livestock here, so it isn't livestock at large. But they are still our property. I'm just glad that the worst case scenario is only $500, I was worried it would be more. I hate that we have our chickens the most securely contained of all the chicken owners on this 8 mile stretch of road, and it's just not enough.

Quote:

Last we heard she is putting it through her car insurance. Her insurance company told her they will come after us through our insurance. We've already called our insurance company to let them know not to pay anything. My partner hasn't had a claim in over 20 years, we would rather pay out of pocket if it comes down to that.

Partner now wants to get rid of all our chickens so this doesn't happen again.

Laws differ from state to state, city to city, etc. People's Court and other TV shows deal with the laws for the jurisdiction involved, which can be very different in a different location. Although poultry are not livestock in the OP's case, the stated laws about being loose might be construed as applicable; especially if there are similar laws regarding dogs, cats and other domestic animals.

Regardless of your instructions, your insurance company will makes its best judgement as a business as to whether to pay the claim or fight. That is part of their job. Many states have a requirement on how claim payments are made; generally the person with the claim can choose where they want repairs done, and is allowed to choose a cash payment that matches the estimates. Sounds like things are being done properly now, so hopefullly things will resolve