Driver hit chicken, wants us to pay for new bumper

[buckbye]

I think you're getting scammed. This reminds me of that big insurance fraud ring discovered up around Lawrence, MA some years back. Something like 300+ illegals, their lawyers and some chiropractors, etc. were staging car accidents, doing intentional damage and faking injuries to defraud insurers (and drivers) big time. The investigation started when one of the crooks ended up killing a 65 y/o woman (his own relative, and also a perpetrator of the fraud scheme) while staging one of the fake accidents. I know, I'm not supposed to laugh, but.......

 

[Coralietg]

To answer a couple of questions.

Our stretch of road is about 0.4 miles, ended by two 90 degree turns in opposite directions, kind of like a Z shape. I have high visibility to the left and right. This also means, that when you come around the corner you can see all the way down the straight road to the next turn.

Our road is off a 55mph highway. There are multiple 20MPH signs posted, with "Caution Children Playing" signs attached.

The chicken was a Bantam Brahma hen who was born in April. We're not talking about a 3 year old full size rooster.

 

[Scott H]

Major scam. ....

 

[Throwingsawz]

No way should you pay. The driver owes you a chicken. Thats what speed limit signs are for. Tell the driver to go kick rocks. Haaagh.

 

[Lazy J Farms Feed & Hay]

Sounds like you are being scammed.

However, your liability depends on the livestock laws in your state. If you are in an open range state then the Driver is responsible for the damage caused by a collision with livestock. On the contrary if your state is not Open Range then the livestock owner is responsible for keeping their livestock off of the road. If their animals are on the road and cause a wreck then the livestock owner is responsible for the damage to the vehicle.

The best be is to keep your livestock fenced and under control.

Sorry to hear about the hassle from this apparent scam.

Jim

 

[Chuckcluck]

Well, this case finally answers the question "Why did the chicken cross the road...to become an item of subrogation". So here how this goes. Have lots of kids that hit things, dont ask. Your insurance will get statement from you, theirs will get one from her and the adjusters will talk. It will go something like this..Hey Bill, did you get the one on the chicken? Sam (laughing) yeah, what are we going to do about that? I don't know, let me check the law, been a long time since we had a chicken. Then your insurance will pay, since the claim is so low, and they won't raise your rates since this is chickenfeed. It would cost them more to contest than pay.

 

[Granny Hatchet]

how about this, call your ins. and tell them you want compensation for the death of you chicken as it was an expensive and beloved pet. and due to the fact that they were speeding it could of been avoided. have him tell this to their ins. co. and tell them you are willing to go to court with this. bet they drop it. if i hit your chicken and i was driving like i should have been, speed limit, and my car was damaged i would expect you to fix it, but knowing i was speeding is a whole different matter. there is no way i would ask you for anything. i would feel very badly and think twice about my driving habits. i will say it again, what if that was a small child? i dont think you should do this to keep from paying, i think you should do it to make sure this person doesnt kill someone later down the road. some people need to be held accountable.

 

[Abirdbrain]

Insurance companies, being what they are, are not likely to pay a frivolous lawsuit.

Just my opinion, but if that claim came across my desk, my answer would be , "Good luck proving the damage calim, I dont see a reasonable cause. And let them eat static. So, the claiming agent has to support this claim and file it incourt. A judge with any brains is not going to just roll over on such a described claim, and will question everylthing, along with the reasonabilty of the situation, and damages. In a practical law setting, I cant see a judge making such an award.

Relax, life goes on. Tend to your birds and your life, this is already past, it will become what it may. Dont sweat the little stuff, and it is ALL little stuff. It is out of your hands now, thats what insurance is for. What they do is operate a business, not stop tornadoes.

They may just pay the claim, just to avoid paying the legal staff. And so it goes. you have my Empathy.

 

[buckbye]

The chicken was a Bantam Brahma hen who was born in April. We're not talking about a 3 year old full size rooster.

A bantam? Scam for sure! I hit a bear of a raccoon going about 50 and you'd never know it.

 

[Frost Homestead]

I wouldn't pay them anything