Animal insurance:It can happen to any driver to end up in such a situation. So what do you do? Who will be responsible: the owner of the animal, the driver of the vehicle? What are the risks? Who will pay for the damage of 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 ignores the voluntary violence that can be committed against animals. As we shall see the place of the animal in French legislation is peculiar, nevertheless the latter remain protected criminally against voluntary violence. Thus acts ranging from ill-treatment to the killing of domestic animals, tamed or held in captivity, are acts liable to civil and criminal prosecution.
Therefore the object of this guide will be the accident between a driver and a domestic animal. However, in the event of an accident with a wild animal, it is advisable to: warn the police and keep the evidence of the collision with the animal in view of the expert report that the insurance will diligent . This article summarizes the question well, the rules that it details can apply to any type of wild animal. Also, be aware that a guarantee fund exists and that it can cover this type of damage, as explained in this other article.
Thus, this guide will describe situations where, accidentally, the driver rolls or strikes a domestic animal.
The place of domestic animals in French law
In the eyes of French law the animal is subject to the common right of property. This means that the domestic animal legally is a “thing”, a property that can be appropriated by a private owner. This leads to several key findings in the treatment of such an accident.
The animal has an owner who is responsible, at all times and in all situations, for acts committed by the animal or the animal from which it originated. 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 his use, is responsible for the damage caused by the animal, The animal was under his care, whether he was lost or escaped. “
In this case, it is necessary to determine a criterion: that of custody. Who was the animal’s custodian at the time? Indeed it is the keeper of the animal who will be responsible for it. Thus, it is normally the owner of the animal who is the custodian of the animal, 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 the individuals. For example, a person who takes an animal on board for several days will be likely to be the custodian. Conversely, a person who simply walks or supervises him for a short time should not be held responsible 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 each, depending on the different situations that may arise.
On the street
When the accident occurs on the public thoroughfare It is necessary at first to determine if the animal was well guarded.
If the animal was kept on a leash by his master, at his side and at his orders, in this case he was indeed well guarded. In the event of percussion with the latter, it is the driver who will be responsible for the accident. It is therefore the rules of responsibility of Article 1382 of the Civil Code which apply in this case. Everyone must repair the damage caused to others.
As explained in this article, it is the driver’s auto insurance which will bear any veterinary expenses 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 convicted the person who was crossing with his dog on a leash to repair the damage of the vehicle which had an accident while wanting to avoid it. Indeed the judges felt that the dog was of size to drag his master while he was pulling on the leash. From then on the master did not have control.
On the other hand, if the animal was not properly guarded by his master, whether he was on the run, or simply walking alongside him without being tied up, asleep under a car, or even at liberty in a park or vacant lot, The situation will be different. Article L 211-19-1 of the rural code prohibits the wandering of domestic animals. In this case, when the damage is done, the owner of the animal will be at fault. By virtue of the constant control which the master must exercise over his animal and of the responsibility provided for in Article 1385 of the Civil Code which we have mentioned, the damage caused by the animal must be repaired by his master.
Therefore, in order to know what insurance is going to play, it is necessary to distinguish several situations according to the identification or not of the owner of the animal and the insurance available to the driver.
If the owner is identified: you can initially make a finding but also a simple amicable arrangement if you wish and according to the extent of the damage.
Third party, all risks: what changes
If you are insured to the third party, your insurer will call an expert to estimate the damage suffered by your vehicle. Thereafter he will appeal against the owner of the animal and his insurer. The latter will be covered by its civil liability (multi-hazard housing). Being insured to a third party, you will probably have to pay for the repair costs that will be reimbursed once your insurer has recovered the money from the insurer. In this situation no malus 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 damages and then proceed to their compensation. On the other hand, your contract may provide for a deductible that will be refunded to you once the pet owner’s insurer pays your own insurer. Again, as your responsibility is not committed, you will not be penalized.
If the owner is not identified, here are two more scenarios depending on your level of insurance:
What if the owner of the vehicle is not identified?
If you are insured to the third party, it is the guarantee funds that will take care of your material damage. Your insurer can assist you in the constitution of the file to submit to them. Nevertheless there is a deductible to be settled in this case and it is important to quickly set up your file.
If you are insured all risks your insurer will have the damage assessed by an expert and then will repair the damage. A deductible may be your responsibility if it were provided for in the contract. The rules of the malus in this case may vary depending on your contract to which reference should be made.
From this point of view, it can be seen 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 because of the obligation of control of the animal which weighs on its owner. Generally, the owner of the animal responsible for the damage will have to operate his third-party liability insurance to compensate for the material damage caused by the accident. Nevertheless, the animal’s custodian may be partially or totally exempted and seek compensation for damage to his animal if a fault in the behavior of the driver is the cause of the accident.
On private property
The summarize
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