Liability – who is to blame for the accident?
The biggest question around accidents with animals is who to claim against. The animal needs to have a clear owner, that owner needs to have the means to compensate you and their actions must have been negligent in their contribution to the animal colliding with your bike.
If the animal in question is wild, with no owner, then there is not likely to be any recompense or claim. However, as we offer all cyclists free advice, it is always worth checking with us before deciding. If the animal has a clear owner, for instance a pet or farm animal, then you at least have someone to whom the claim can be directed. However, while you might then be able to make a successful case against the owner, you need to ensure they have the means to pay. An insurance policy, like pet insurance, household insurance that covers legal claims or liability insurance in the case of a farm) would be the best way to ensure you have a chance of not only successfully claiming against the owner, but in then receiving compensation. Finally, the actions of the owner need to be investigated. If it was reasonably inappropriate to remove a lead from a dog because it was a busy road, or they failed to properly secure livestock, these may be negligent acts. However, in some situations, a dog off a lead can be acceptable, and animals like cats are expected to reasonable roam free.
Why choose cycle claim line?
Our legal team has a huge amount of experience when it comes to cycling and motorcycling accident claims. We have specialised in two wheel claims for nearly 30 years. We have pursued many cases against animals and their owners, usually dogs or livestock. Our legal team successfully fought a landmark case all the way to the Court of Appeal, arguing that farmers have a legal duty to secure their field (the case involved a collision with a horse). We are not afraid to fight cases in order to achieve justice. We can use our experience to help trace potential owners and crucially, find out whether they have any insurance in order to guarantee that a payment will follow a successful case. We have also secured payments directly from owners. We understand the law in this area and the legal requirements of owners when it comes to securing and controlling their animals. We’re proud of our 96% win rate and our longstanding record of standing up for and representing the rights of cyclists and motorcyclists. We always work under a conditional fee agreement (commonly referred to as a “no win no fee agreement”). You do not need to have legal cover or legal protection. If your case is not successful, you do not have to pay a penny.