cow vs truck

[popsjp]

Not sure where you are in the state but things are handled differently in different areas. It is a big state. The response about the owner having to be found neglaint is what I have always heard. If he has a history of having the law respond to his cows being out you have a chance, if not???? In todays world you can sue for anything, but like was also posted you may only get a judgment. These are hard to spend.

 

[BusterBrown]

And every time I make a claim on my ins. the premium payments go up so I end up paying for it anyhow. :shock: No claims = lower payments.

 

[kerley]

Have you talked to your insurance co. or agent. Did you call the local law enforcement, and were you cited for breaking some traffic law. I cant understand why you do not let the insurance take care of it. Thats the reason for insurance. If they cancel you, so be it. You would not want to be insured by a sorry company. Hows your driving record ? Just my thoughts. If the rancher butchered the cow, did he offer you half the beef ? Tom :cboy:

 

[Wild Cattle]

This happens all the time around here. The owner of the cattle is only responsible for the damage if he is found neglagent, and that is hard to prove. Otherwise you are responsible for the whole deal, sorry that is the law in Texas. There are 3 open range counties in Texas, I live in one, laws are a little better even for the ranchers. Take your lumps, if you are in the cattle business it might be the other way around next time and you will be out a cow......will you want to take the driver to court to pay for your cow?

 

[I luv herfrds]

Our state tried to change the laws concerning this issue. They tried to make it so that even if the cattle break down the fence only once the owner is to be held liable period.
It didn't fly. The present law states that as long as the landowner makes a consious effort to maintain their fence then they are not to be held liable, but if the landowner has a history of livestock getting out and not maintaining their fence then they are then held liable.

Sorry to see the damage on your truck gasman. Really stinks when you get in an accident with a newer truck.

 

[gasman]

This happens all the time around here. The owner of the cattle is only responsible for the damage if he is found neglagent, and that is hard to prove. Otherwise you are responsible for the whole deal, sorry that is the law in Texas. There are 3 open range counties in Texas, I live in one, laws are a little better even for the ranchers. Take your lumps, if you are in the cattle business it might be the other way around next time and you will be out a cow......will you want to take the driver to court to pay for your cow?

First of all I did not say I was going to sue I was trying to figure why his home owners insurance would not take care of it or why he didnt have to pay out of his pocket. second if one of my cows got out due to a open gate or neglected fence I would do my part whether be my insurance or out of my pocket and no i wouldnt sue for the cow. I dont think a claim should go on my insurance

 

[gasman]

Have you talked to your insurance co. or agent. Did you call the local law enforcement, and were you cited for breaking some traffic law. I cant understand why you do not let the insurance take care of it. Thats the reason for insurance. If they cancel you, so be it. You would not want to be insured by a sorry company. Hows your driving record ? Just my thoughts. If the rancher butchered the cow, did he offer you half the beef ? Tom :cboy:

No I was not given a ticket it was not my fault, and the insurance is going to take care of it, but in my opinion it should be his insurance. I have never had a wreck and only one ticket in 17 years .

 

[L.A.]

Laws are different in the different states. Here, it's open range, fence out. you would be responsible. That animal also would instantly become a registered pregnate $$$heifer. ;-)

 

[kerley]

I hope you can have it your way, good luck,Tom :cboy:

 

[KenB]

A few years back I hit a deer, My ins.( Farmers Ins Group ) waived the deductable because of it being an animal, and was unavoidable. I didn't have near the damage as you have.

 

[S&S Farms]

In Kansas we are a free range state. We had a couple calves get out and one was hit by a neighbors kid. Our insurance paid for the cars damage and then paid us for the loss of the calf. we do not carry insurance on the cow herd is was through our liabity insurance. It was just a freak accident

 

[Angus In Texas]

On my way to work this morning, I came upon ten or so horses barrelling down the highway. It is lighting pretty good and I guess they got spooked. They turned off into some guys yard and were heading straight for his front door.

 

[novatech]

Once you turn it in to your insurance co. it is their problem. They can take action or not. The only thing you could sue for is your deductible, in small claims court.

 

[backhoeboogie]

This happens all the time around here. The owner of the cattle is only responsible for the damage if he is found neglagent, and that is hard to prove. Otherwise you are responsible for the whole deal, sorry that is the law in Texas. There are 3 open range counties in Texas, I live in one, laws are a little better even for the ranchers. Take your lumps, if you are in the cattle business it might be the other way around next time and you will be out a cow......will you want to take the driver to court to pay for your cow?

First of all I did not say I was going to sue I was trying to figure why his home owners insurance would not take care of it or why he didnt have to pay out of his pocket. second if one of my cows got out due to a open gate or neglected fence I would do my part whether be my insurance or out of my pocket and no i wouldnt sue for the cow. I dont think a claim should go on my insurance

There is one case where it went the other way. Cow owner countersued and won. He was driving some cows down the FM road and had right of way.

You didn't say what type of road you were on. Was it a Farm to Market?

They broke my property in half with roads. Now folks run in to fences and it puts me at risk. Lately it is the tanker trucks or equipment trucks taking the corner too sharp. They have more than enough room but miss and get the corner post. They tell no one when they do it. I finally told the gas company I would fence them out if they didn't fix the problem. (It is a right of way through my property they are using).

If someone would just tell the land owner, they could throw up a few cow panels if need be.

 

[backhoeboogie]

Laws are different in the different states. Here, it's open range, fence out. you would be responsible. That animal also would instantly become a registered pregnate $$$heifer. ;-)

It was the same here in Texas for Farm to Market (FM) roads and county roads. Not sure any more.

 

[gasman]

[/quote]You didn't say what type of road you were on. Was it a Farm to Market?
US hwy 287