Can I claim for crash caused by stray cow if I suffered whiplash in the accident?
You should be able to claim for crash caused by stray cow since you sustained an injury in the accident; however, in order for a claim to be successful it must be proven that the crash was caused at least in part by the negligence of a third party. In your case, the person who you would most likely claim compensation for your stray cow accident injury against would be the owner of the cow.
Animal owners have a legal duty of care to keep their animals enclosed and off the road, in order to avoid road accidents. You should bear in mind, however, that the animal’s owner must be able to afford to pay the compensation you are claiming for or have insurance. The owner of the cow would most likely have a farm insurance policy that will cover scenarios such as cows straying on the road.
One circumstance that may complicate the question of liability would be if vandalism or malicious intent had been the reason for the cow being released. If the accident was serious and the Gardai had attended the scene, they would certainly have investigated the circumstances of the accident, and will have discovered the reason why the cow had been on the road. If the Gardai had not been present, you should visit the local Garda station and report the accident. This report can be used to support your claim for crash caused by stray cow.
Another important procedure to have completed would be to have had your stray cow accident injury examined by a medical practitioner immediately following the accident – even if your injury did not appear to be serious at the time of the accident – as evidence of your injuries in your medical history is necessary in order to claim for stray cow collision compensation. It must be said that any substantial delay between the date of the accident and when you finally received professional medical treatment may see the amount of compensation you are entitled to receive reduced to reflect your own lack of care.
It may be the case that the cow owner accepts liability and his or her insurance company approaches you with a direct offer of stray cow collision compensation. If this happens you would be strongly advised to refer the offer to a solicitor who can determine whether or not it adequately reflects your injuries and the affect they have had on your quality of life. While an injury claim for stray cow crash should encompass a number of elements, not least for the pain and suffering you experienced, unsolicited offers of compensation rarely account for each essential element and you may find that you have been undercompensated should you accept the offer without first seeking a solicitor’s expert advice.
Regardless of whether you have been approached by the negligent party’s insurers, you would still be well advised to seek the assistance of an experienced personal injury claims solicitor. Most solicitors offer a free consultation in which to assess your claim to determine its viability and to answer any questions you may have regarding your case. A claim for crash caused by stray cow pursued with the assistance of a solicitor will certainly have a greater opportunity to be successfully resolved in the quickest time possible.