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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11679
Experience:  30 years as a practising solicitor.
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On the 9th.Oct. About 06.30hrs. A sheep ran into my car

Customer Question

On the 9th.Oct. About 06.30hrs. A sheep ran into my car causing considerable damage. I called for police assistance and the police, namely P.C.McLennan 1346 and a policewoman arrived about 0700hrs and took relevant details. The officer said they would try to trace the owner /s and inform me.The case no. is PS-201709-0556. I have tried to contact the policeman on 3 occasions by 'phone through 101, leaving a message to contact me. So far this has not worked. As the accident was caused by straying sheep on a main road I feel that the owner(s) is responsible for this accident and for the costs involved however I need information about the owners, which the police may now have.
Submitted: 1 month ago.
Category: Scots Law
Expert:  JGM replied 1 month ago.

Thanks for your question. I am a solicitor in Scotland. Do you know what police station officer is based at? Is your motor policy a comprehensive policy and have you reported to your insurers?

Customer: replied 1 month ago.
The following are the answers to your questions : (1) I believe the officer is stationed at Buckie but I'm not certain).
(2) The accident was reported by me to Hastings Ins. Co. on the day of the
accident, Monday 9th. Oct, '17. It is a comprehensive policy.
Customer: replied 1 month ago.
far you have given me no advice but asked questions. I feel adding any further sum is not justifiable at this stage.
D. Richardson.
Expert:  JGM replied 1 month ago.

See paragraph 5.1 of the attached guide: http://www.snh.org.uk/pdfs/publications/heritagemanagement/occupiers.pdf. There is no automatic liability on the owner. It depends on whether there has been a breach of the duty of reasonable care. You would have to prove the cause of the animal straying onto the highway. The way you would usually deal with a case like this is to pass it to your insurers who will deal with it under your comprehensive insurance policy. Your excess will have to be paid by you but your legal protection insurers would generally instruct solicitors to claim back your excess from the landowner, if negligance can be established. A successful claim would cause any no claim bonus to be reinstated by your insurer. The legal protection solicitors can apply for a police accident report which would usually disclose the identity of the owner of the sheep. If not they would carry out enquiries to establish the identity of the owner, if the police aren’t prepared to cooperate by tracing the owner. Often they are only prepared to issue a reference number for insurance purposes.