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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70652
Experience:  Over 5 years in practice
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Car insurance, hit 3 highland cows on road at midnight,

Customer Question

Car insurance, hit 3 highland cows on road at midnight, recorded as a fault accident.
Cows are owned by farmer and insurance say they won't change fault to non fault unless farmer accepts liability? Not heard from insurance for 7 months. Please advise as I can't get any answers.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Are you asking if you can force them to?

on what basis please?

Customer: replied 1 year ago.
Why can they record as a fault accident. Cows are owned and presumably insured through farmer, they broke out there field wandering road at midnight in dark. Thanks
Expert:  Jo C. replied 1 year ago.

Well, I would imagine they are saying that you should have seen them and avoided them as you would have had headlights on. They are not any different from any other obstruction.

I can't really say what their view is as we don't have their account but that seems the likely explanation.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
I had assumed that due to them being livestock and shouldn't be on the road in the dark unattended that the farmer should be liable? They are not easy to see on a country road at midnight in April. Can the insurance make it a fault accident? Every time I call them they say it will only change if farmer accepts liability but they won't chase him and there contact with myself is awful, just wanted an answer so I can apply for new insurance once I purchase a car.
Expert:  Jo C. replied 1 year ago.

I'm really sorry but I'm afraid that if you are travelling on a road then you are liable to avoid hazards.

The farmer might well be subject to a reduction for contributory negligence for having the cows out but he certainly isn't liable.

Customer: replied 1 year ago.
No problem just needed that cleared up, as I have no info from insurance.
Thanks for your time and help
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.