At Corclaim we pursue every case where recovery is possible, even from non-standard and sometimes unusual circumstances. We pride ourselves on investigating and pursuing all recovery prospects, even if the pathway to recovery follows a slightly different route.
In this case we received instruction from a large vehicle rental company where their vehicle had been damaged by livestock; clearly something quite different to the RTA insurer route facilitated on a majority of these instructions. Nevertheless, options to alternative recovery were researched and assessed.
The actual circumstances were that we were instructed by a vehicle hire client to recover damages to a vehicle caused by a cow, which had broken away from its herd as it was being moved by a farmer on a quadbike. The driver of our client’s vehicle was driving on an A-road and saw the cow running on the other side of the road, with the farmer on the quadbike trying to catch it. As the farmer was trying to catch the cow, it diverted to our client’s driver’s lane and the farmer followed. The farmer tried to restrain the cow between the quad bike and the roadside hedge, but the cow jumped forward to escape. As it did, it tripped over the quadbike and fell onto our client’s car, causing damage the bonnet.
How our team handled the case
In this case, Connor Thrippleton considered alternative recovery opportunities, and utilising highway code 58 – considered a claim against the farmer/owner of the cattle.
Our claim was submitted to the owner of the cow, the aforementioned dairy farmer, who then reported the incident to their insurers. Initial enquiries with the insurers provided a dispute in liability for the incident, stating that our driver was instructed to stop their vehicle but didn’t.
We highlighted the differing versions of events given by both the farmer and our driver, providing that our driver was stationary at the time of the collision. We also highlighted that the cow was loose and not in the farmer’s control. We raised rule 58 of the highway code: “Animals being herded. These should be kept under control at all times. You should, if possible, send another person along the road in front to warn other road users, especially at a bend or the brow of a hill. It is safer not to move animals after dark, but if you do, then wear reflective clothing and ensure that lights are carried (white at the front and red at the rear of the herd).”
The farmer should have kept full control of their livestock, however they did not. Instead, the cow was rampant on the public highway, and in the farmer’s attempt to restrain it, caused it to become spooked and to try to escape further (perhaps trying to jump over the moon?), landing on the bonnet of our client’s vehicle and causing damage.
The case was initially rejected, and liability disputed, however our team were not put off and pursued the claim through to a successful conclusion. The insurers admitted liability and settled the claim on a 100% basis for the approximate sum of £2,000.
A note from Connor Thrippleton
“The settlement of this claim illustrates just how far the scope of ULR can stretch, even under the most unusual of incidents. Encountering a herd of dairy cows whilst on the roads is not a common event, neither is an instruction to pursue a recovery under these circumstances. However, utilising rule 58 of the Highway Code and applying this to the happenings of the incident proved to be the influential factor in ending the liability dispute in a swift manner, resulting in a 100% recovery for our client.”
“As part of my assessment of client incidents, I always keep an keen eye out for all possible recoveries. That’s one of the benefits of having an experienced recovery team reviewing all incident reports, we can sometimes spot opportunities where clients or competitors might not.”
Working with us
If you’re interested in discussing this type of claim further, don’t hesitate to get in touch with our team. Being specialists in ULR, we take a no-nonsense approach because we’re in business to represent you and do so by pro-actively pursuing your losses to the fullest extent. This is why we’re dedicated to making sure every opportunity for loss recovery is explored thoroughly, even under non-standard circumstances.
Contact our team today if you wish to discuss how we could help your business. Call us free on 03300 945 100.
Author: Connor Thrippleton