Driver hit chicken, wants us to pay for new bumper

[Beregondo]

If it were me, i think I'd have handled the initial contact a bit differently:

I'd have pointed out the speed limit, long sight line, and the fact that at the speed limit the damage done to the car was unlikely.

I'd ask them for their driver's license and insurance information so that I could file a claim for the damage that their negligent collision caused to my property (the chicken), as well as consequential damages (lost production) and would have asked them to wait until the police responded to take an accident report.

In most states, in any accident resulting in damage over $500 the driver is required by law to file and accident report within 24 or 48 hrs.

I'd inquire of the driver where the accident report was filed.

If no report was filed, I'd inform my insurance company that there is no documentation of the alleged accident, and I would file a claim against the driver's insurance for the damage to hour property.

More likely than not, confronted with the prospect of their own insurance premium increasing, the driver will drop the matter.
if not, at least you can get a judgment or a check from thier insurance carrier for the the chicken.

 

[Sonoran Silkies]

I too have been following this thread.
My earlier advice was not to pay a dime, and I haven't changed my mind!!
I wonder about the insurance company just paying out without any investigation, esp. when their own member is doubting the situation. I also wonder why the insurance company is even involved with an amount of $500.00, unless their deductible is lower? Mine is $500.00 (auto) and $1000.00 (home) so my insurance company wouldn't be involved, it would be my responsibility

A quick google search will inform you the average size of a random run of the mill hen is between 5 to 7 lbs. The speed that the driver would have had to be going would be considered criminal in my state. Bumpers are made to ABSORB impact, so she was driving fast enough to hit a hen (who was in the air, considering the average height of a chicken and sedan) and DENT/LOSE part of her bumper?

Also lets not forget that chickens are birds and have HOLLOW bones?? Not a lot there to do much damage. (Unless I missed something and this was a large meat bird?)

Deductibles do not apply when paying someone else's claim; only in paying a claim htat YOU make. For example, if a tree limb falls and damages your home, you will pay the deductible. If tree limb falls and damages a visitor's car (or bike or whatever), there is no deductible to pay as the policy owner is not the one making the claim.

 

[Freeholder]

If partner is absolutely certain that the piece of bumper he found came off that car, and you can prove that the chicken that was hit was a bantam (which if proper size for a bantam should not have weighed much more than two pounds), I would suggest requesting a sit-down with representatives of BOTH insurance companies. Present your case, and suggest that criminal charges for fraud be filed against the car owner if she persists with her claim. Because that is just ridiculous. I've hit small animals before at highway speeds (I don't slam on the brakes for small critters -- I feel bad about hitting them, but I'm not going to risk an accident over a cat or a skunk on the road -- I DO slow down and try not to hit them if I see them in time) and had NO damage even when driving a small car. This woman is WAY out of line. There HAD to have been excessive speed involved AND prior damage to that bumper! NO WAY would hitting a bantam chicken (even with excessive speed involved) have caused that chunk of bumper to fall off if it wasn't already just about to come off anyway.

And someone back in post #96 talked about what could happen if someone in a car hit a horse -- how the horse could roll over the hood and crush the cab. I saw that happen a few years ago. A couple of horses were trotting down the middle of the road after dark. I was on my way home, saw them, slowed way down and followed them hoping my lights would silhouette them for any oncoming traffic (I couldn't have safely gotten around them anyway). Went around a corner a bit, and the oncoming car had to have seen those horses but he didn't even try to slow down. Hit the white horse, which did indeed roll over his hood and smash the front part of the cab, then got up and trotted off. Didn't seem to be any injuries in the car -- I waited with my flashers on until emergency vehicles got there -- but the driver was swearing up a storm. It was his own fault. He had to have seen those horses in plenty of time to stop or at least slow way down (and was going too fast for the upcoming sharp corner anyway). Both horses just disappeared into the night, don't know if anyone ever figured out who they belonged to. But, that area is open range, so the horse owner wouldn't have been liable anyway.

Kathleen

 

[TheGoodLifeGirl]

Even the biggest of chickens wouldn't do that much damage to a metal or plastic bumper. Sounds like a scam.

Agreed, unless he has proof that the damage was not already there in the first place, I don't see how he could get you to pay for the damage. Plus you don't have to pay unless you get a written letter from the law, so just going by him demanding it, you should question EVERYTHING he's suggested. As suggested by someone else, you should check if there is/was feathers & blood on the bumper where the damage is. But the only way a chicken could cause damage to the bumper is if he was speeding way faster than the speed limit, which mean HE was breaking the law.

 

[Coralietg]

I really want to thank everyone for their replies! It has been so much help to us.

We have been playing phone tag with their insurance company for the past two weeks. We had been talking, and realized that as they were claiming our property (the chicken) damaged their car, the fact they didn't stop and leave information or try to contact us right after the incident was actually considered misdemeanor hit and run in this state. We spoke to a secretary at his office, and explained everything. From our road being 20mph, a straight shot with great visibility, the fact they didn't stop or leave information until coming back hours afterwards, a police report wasn't filed for over 24 hours, etc.

We received a phone-call from the actual subrogation agent this morning (finally!) who told us they are dropping all claims against us, and consider the matter closed.

We are considering this a close call. All chickens wings have been clipped, they are now completely fenced in. We have some issues with the same 3 chickens getting out a couple of times (lighter bodied breeds) so we will be getting rid of them.

Thanks again for sticking with me through this saga

 

[StruckBy]

That's great news! Congratulations!

 

[CasadasHens]

That news has made my day! Fabulous result........and a learning experience....... am very relieved and happy for you!

 

[SampyArctica]

That's absolutely GREAT news! I haven't posted in this thread before, but I have been following it since the start and I'm so happy for you!
The claim was absolute bull in the first place, I can't believe someone was pathetic enough to even try - although I'm also not surprised how low some people can stoop to at the same time...

But really - that's absolutely amazing news!

 

[Viollettt]

Common sense prevails. There's still hope.

So glad for you.

 

[KayTee]

Excellent news, I really hope that this is the end of the case for you.

However, I have personal experience of thinking that a litigation was over, only to find that it was being continued because nothing had ever been put in writing to finally end it, despite a verbal agreement between the two parties involved.

I don't want to put a damper on things, but I'm just being practical - don't consider anything 'closed', 'finished' or 'dropped' until you have it in writing. I would consider sending an email or registered letter to their company, requesting written confirmation of your telephone discussion. That way you can be completely certain that it is over.