Who is liable if my car is damaged by a pet?
February 18, 2022 | 40,00 EUR | answered by Jenny König
Dear Traffic Lawyer,
I am contacting you with a question regarding an incident that occurred recently, in which my car was damaged by a pet. My name is Valentina Ullmann and I am the owner of a vehicle that is very dear to me.
A few days ago, I was on my way to work when suddenly a dog ran onto the road and jumped directly in front of my car. I was unable to brake in time and a collision occurred, resulting in significant damage to my car. Fortunately, no one was injured, but my car is now in poor condition.
I am now wondering who is liable for the damages. Is the owner of the pet responsible, as they did not adequately control their dog? Or do I, as the driver, share some of the blame for not reacting quickly enough? I am concerned about the repair costs and would like to know what options are available to recover the damages.
Could you please assist me and provide advice on the best course of action in this situation? Thank you in advance for your help.
Sincerely,
Valentina Ullmann
Dear Mrs. Ullmann,
Thank you for your inquiry regarding the incident in which your car was damaged by a pet. I am sorry to hear that you have found yourself in such an unfortunate situation. I am happy to provide you with a detailed response to your questions and assist you in any way I can.
In the situation you have described, it is considered a traffic accident involving a pet. In Germany, the owner of a pet is generally held liable for any damages caused by the animal. This means that the owner of the dog that ran onto the street and caused damage to your vehicle is generally responsible for the resulting damages.
However, it is important to mention that as a driver, you may also bear some responsibility. This means that if it can be proven that you did not maintain a safe distance from the vehicle in front of you or were driving too fast, this could affect your liability. In this case, partial liability may be considered.
To have the damage to your vehicle reimbursed, I recommend taking the following steps:
1. Document the accident: Take photos of the accident scene, the damages to your vehicle, and any witnesses present. This can serve as evidence later on.
2. Report the accident to your car insurance company: Inform your insurance company promptly about the incident so they can assess the damage and potentially cover it.
3. Contact the owner of the pet: Try to obtain the contact information of the dog owner and communicate with them to settle the damage claim.
4. Legal advice: If there are difficulties in getting the damage resolved, I recommend consulting a traffic law attorney. They can assist you in enforcing your claims.
In conclusion, I advise you to remain calm and approach the damage settlement in a rational and professional manner. I hope that my tips will be helpful to you and I am available for any further questions.
Best regards,
Jenny König, Traffic Law Attorney
