Any driver can find themselves in such a situation. Now, what to do ? Who will be responsible : the owner of the animal, the driver of the vehicle? What are the risks involved ? Who will pay for the damage to the driver's vehicle and the animal's injuries? Here is a summary of the situation.
First of all, let us note that this guide obviously does abstraction of intentional violence which can be committed against animals. As we will see, the place of animals in French legislation is particular, however they remain criminally protected against intentional violence. Thus acts ranging from mistreatment to the killing of a domestic animal, tamed or held in captivity, are acts subject to civil and criminal prosecution.
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For this reason the subject of this guide will be the accident between a driver and a domestic animal. Small reminder nevertheless: during an accident with a wild animal it is advisable: tonotify law enforcement and of keep evidence of the collision with the animal in view of the expert report that the dog insurance will carry out. This article summarizes the issue well, the rules it details can apply to any type of wild animal. In addition, be aware that a guarantee fund exists and that it can cover this type of damage, as explained in this other article.
This guide will detail situations where, by accident, the driver rolls over or hits a domestic animal.
The place of domestic animals in French law
In the eyes of French law, the animal is subject to common property law. This means that legally the domestic animal is a “thing”, a property subject to private appropriation by an owner. This therefore leads to several essential observations in the treatment of such an accident.
The animal has a owner, responsibleat any time and in all situations, acts committed by him or of which he is the origin. In this sense, article 1385 of the civil code stipulates that “the owner of an animal, or the person who uses it, while it is in use, is responsible for the damage that the animal causedwhether the animal was under his carewhether he was lost or escaped ».
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It is necessary, in this case, to determine a criterion: that of custody. Who was the guardian of the animal at the time of the incident? In fact it is the guardian of the animal who will be responsible for it. Thus, it is normally the owner of the animal who is its guardian, unless he proves a transfer of custody. The concept is still not very clear today. It seems, however, that to prove an effective transfer of custody, it will be necessary to be able to demonstrate a certain duration and a certain continuity in the behavior of individuals. So anyone who takes an animal into boarding for several days will be likely to be its guardian. Conversely, the person who simply walks him or watches him for a short period of time should not be held liable in the event of an accident.
It is therefore clear that in the event of an accident between a vehicle and a domestic animal there will be a relationship between the driver and the owner of the animal. We will therefore distinguish the rights and obligations of eachdepending on the different cases that may arise.
On public roads
When the accident occurs on public roads It is first necessary to determine if the animal was well looked after.
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If the animal was kept on a leash by his master, at his side and at his orders, in this case it was indeed well guarded. Therefore in case of percussion with the latter it is good the driver who will be responsible for the accident. It is therefore the rules of liability of article 1382 of the civil code which apply in this case. Indeed, everyone must repair the damage caused to others.
As this article explains to us, it is the driver's auto insurance that will cover possible veterinary costs in this case. Be careful though! Judges are generally very strict in assessing the notion of control of the animal. For example, on January 25, 1967, the Court of Cassation ordered the person who was crossing with his dog on a leash to repair the damage to the vehicle which had an accident while trying to avoid it. In fact, the judges considered that the dog was capable of dragging its master while he pulled on the leash. From then on the master had no control over it.
On the other hand, if the animal was not well guarded by its master, whether it was on the run, or simply walking alongside him without being attached, asleep under a car or even free in a park or wasteland, the situation will be different. Article L 211-19-1 of the rural code in fact prohibits the wandering of domestic animals. In this scenario, when damage occurs, it is the owner of the animal who is at fault. Under the constant control that the master must exercise over his animal and the responsibility provided for in article 1385 of the civil code that we have mentioned, the damage caused by the animal must be repaired by its master.
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Therefore, to know what insurance will playseveral situations must be distinguished depending on'identificationor not, of the owner of the animal, and the insurance the driver has.
If the owner is identified: you can first make an observation but also a simple amicable arrangement if you wish and depending on the extent of the damage.
Third party, all risks: what this changes
If you are third party insured, your insurer will call an expert to estimate the damage suffered by your vehicle. Subsequently he will perform an appeal against the owner of the animal and his insurer. The latter will be covered by its civil liability (multi-risk home insurance). Being only third-party insured, you will surely have to advance the repair costs which will be reimbursed once your insurer has recovered the amounts from the opposing insurer. In this situation no penalty since the owner of the animal is known and responsible.
If you are insured all risks, the same reasoning will apply. Your insurer will estimate the damage and then proceed with compensation. On the other hand, your contract may provide for a deductible which will be reimbursed to you once the pet owner's insurer has paid your own insurer. Once again, your responsibility not being engaged, you will not suffer any penalty.
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If the owner is not identifiedhere are two more scenarios depending on your level of insurance:
What if the owner of the vehicle is not identified?
If you are third party insured, these are the guarantee funds which will cover your material damage. Your insurer will be able to help you in compiling the file to submit to them. However, there is an excess to be paid in this case and it is important to quickly build your file.
If you have comprehensive insurance, your insurer will have the damage estimated by an expert and then repair the damage. A deductible may be your responsibility if it was provided for in the contract. The penalty rules in this case may vary depending on your contract to which you must refer.
Therefore we see that in the event of a collision between a vehicle and an animal in a public space the rules are more favorable to the driver due to the obligation to control the animal which weighs on its owner. Generally the owner of the animal responsible for the damage will have to take out their civil liability insurance (multi-risk home insurance) in order to compensate for material damage caused by the accident. However, the guardian of the animal may be partially or totally exonerated and request compensation for damage caused to his animal if a fault in the driver's behavior is the cause of the accident.
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On private property
When the accident occurs on a private property Responsibility will, most of the time, fall on the driver, unlike the situations mentioned above.
In fact, on private property, the animal is not subject to the same obligations; it can therefore be free. Therefore, in the event of a collision between a driver and the animal loose on private property, It is the driver who will be responsible.
So your comprehensive home insurance (more precisely its civil liability guarantee) will cover any veterinary costs before turning against the driver's automobile insurance to be reimbursed.
If the animal dies, you will also be able to take action against the driver's insurer in order toget a fair refund of your price. Eventually, depending on the circumstances, you may be able to claim damages for the loss suffered.
To sum up
Situations can sometimes be complex depending on the circumstances of the accident. However, in general, we advise you to keep your pet under supervision so that it does not cause an accident. Indeed, during accidents on public roads, in the vast majority of cases, it will be the owner who will be considered at fault and who will have to reimburse the damage suffered by the driver. On the other hand, on private property, it is the driver who must exercise caution and who will be responsible in the event of a collision with an animal.
Let us also remember that there is health insurance contracts for pets. Some insurers therefore offer to cover veterinary costs and sometimes even pay capital in the event of the death of an animal. Find out how to best protect your pet in the event of an accident!
