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[Closed] Car damaged by cows in a car park.. Whose insurance / liable?

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[#7270818]

Long story short... We parked in a farmers car park which is otherwise known as a field. It's quiet and only open in the summer.
There's a sign on his gate saying beach car park £3 and an honesty bucket.
There are no other signs about where to park so we head through several gates where other cars are parked. There are 30 or so cows sat around in the field. We unload and spend the afternoon at the beach.
Upon our return a cow is scratching itself on our vw T5.
Its smashed off the drivers side mirror, smashed a rear light and cracked the other, dented the boot, dented the rear wing, and put several scratches in the paint work.
As we leave I go and see the farmer who is a bit apologetic but starts by saying we parked in the wrong field but doesn't answer my question about where we should have parked, then says the cows must have got out from another field. I raise an eyebrow and then suggest he should pay for the damage. To my surprise he says send me the bill.
I haven't had a quote yet but can see the repair bill being close to £1k.
Personally I'm concerned he won't cough up.
Should I contact my insurance company?
Is he liable for having cows in his car park?
What to do?


 
Posted : 17/08/2015 10:30 am
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*gets cup of tea*

This should be interesting.


 
Posted : 17/08/2015 10:34 am
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if you knew there were cows in a field and you left a shiney nice van in the field you`d be lucky to get any recompense for any damage.

i can understand your annoyance. my van has teeth marks in it from the monkeys at longleat. but you kind of accept stuff might happen. its no different than some bugger driving a trolley into it at tesco. very annoying - yes.


 
Posted : 17/08/2015 10:37 am
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You parked in the wrong field... ?

You should have mooooooove it... 😆


 
Posted : 17/08/2015 10:37 am
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I'd be uddely disappointed if you don't get any money... 😆


 
Posted : 17/08/2015 10:39 am
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[i]Its smashed off the drivers side mirror, smashed a rear light and cracked the other, dented the boot, dented the rear wing, and put several scratches in the paint work.
I haven't had a quote yet but can see the repair bill being close to £1k.[/i]

My wife just had a £2.5k insurance claim for significantly less damage to her Golf.

[i]
Personally I'm concerned he won't cough up.[/i] Go through your insurer - they'll get the money out of him. (you probably have to tell them anyway)
[i]Should I contact my insurance company?[/i] yes.
[i]Is he liable for having cows in his car park?[/i] if he's asking people to pay to park then yes.
[i]
What to do? [/i] get some quotes in the first instance then decide what to do.


 
Posted : 17/08/2015 10:41 am
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Good thread, I'll look on from afar..

Does seem odd that a Farmer would want you to Park in his field "full" of Cows though..
Mebbies he meant it when you parked in the wrong field.

You do know now that he'll stop letting folks use this as a carpark for fear of more claims (highly exaggerated I know but could happen)


 
Posted : 17/08/2015 10:42 am
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Milk him for everything he's got.


 
Posted : 17/08/2015 10:43 am
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get lots of photos including the sign and did you get a photo of cow against vehicle?

hope that the farmer pays up

its a car park so not on public space, the fact that it's a field makes it hard to claim as a accident on your car cover...

you may need to use some form of legal cover (either on the car ins or your home ins or other) to claim the cost from the farmer, you'll need photos evidence ideally witnesses to claim

good luck


 
Posted : 17/08/2015 10:44 am
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At 28ppl he'll be there for sometime to come 😉


 
Posted : 17/08/2015 10:45 am
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[img] [/img]


 
Posted : 17/08/2015 10:47 am
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Why not try sending the farmer the bill like he said you could ?


 
Posted : 17/08/2015 10:51 am
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[i]Why not try sending the farmer the bill like he said you could ? [/i]

possibly - I'd send an estimate first though - get his agreement to pay that in writing before getting any work done.

If he does start playing up though your insurers may not like that you've tried to negotiate your own settlement direct.


 
Posted : 17/08/2015 10:53 am
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Maybe you missed a sign warning of this, you sure it didn't pasteurize but you didn't read it?


 
Posted : 17/08/2015 10:54 am
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I will but I was just gathering stw pearls of wisdom.
I'm now fearful Mrs cloudnine will reverse into something today as it's way trickier reversing with the mirror missing.


 
Posted : 17/08/2015 10:55 am
 hels
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Was this in Scotland ? Highland Coos can be dangerous. But not as much as the most dangerous Coo of all, the Military Coo...


 
Posted : 17/08/2015 10:55 am
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Highland coos are dangerous?
You live and loin.

From memory, his farming insurance should cover this.
Just contact your insurers and let them deal with it.


 
Posted : 17/08/2015 11:00 am
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sounds like a potential cash cow, would have thought the farmer realises he has alot at steak........ as I would assume if you are running a legit car park which charges you would need some kind of public liability insurance or something like that. Unless the honesty box changes that?.


 
Posted : 17/08/2015 11:01 am
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I wouldn't go through insurers. It'll end up costing you. Given the usual inflated damage claims £1000 doesn't sound too bad. There is a chance his car park isn't fully legit so he's keen to keep it all on the quiet.


 
Posted : 17/08/2015 11:02 am
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I can't see what your beef is - he said send him the bill.


 
Posted : 17/08/2015 11:03 am
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That bovine has got form (and an ASBO)
[img] [/img]


 
Posted : 17/08/2015 11:03 am
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If I found my car had been vandalised by a cow I'd be really MOOdy


 
Posted : 17/08/2015 11:05 am
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Get on to the farmer as he'll be able to claim through his insurance, the insurance has for third parties that are part of a commercial operation.
Otherwise I'd look at it as any other form of vandalism, especially as he didn't keep his cows safe.


 
Posted : 17/08/2015 11:05 am
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Hmmm, this one is a pity.

On the one hand the farmer is being helpful and not ripping people off for parking. £3 doesn't sound like a lot for parking near a beach but he isn't doing it for charity either. I suspect he rakes in quite a nice earner for this.

On the other hand if he gets a bill for £1-2k (It soon mounts up) he may not look on it anymore as easy money. Would be surprised if he has relevant insurance for doing this tbh.

My guess is you will get your estimate, he will pap himself at the amount and refuse to pay. You will chase for ages and then go through your own insurance and get it sorted. You will insist to your own insurance that they chase the farmer for it and he will state that you parked in the wrong field. Your insurance wont be bothered to chase and it will be very stressfull for you.

Get your estimate carried out quick smart. Send it to the farmer and follow it up quickly. If he is straight forward then everything gets done quickly etc. If he messes around then don't waste time on hime. Get your insurance involved and move on quickly.

Too much time wasted in life worrying about things other people do and for things you have paid insurance for


 
Posted : 17/08/2015 11:07 am
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Sounds like you'll have to foot (and mouth) up for the bill


 
Posted : 17/08/2015 11:10 am
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On the one hand the farmer is being helpful and not ripping people off for parking. £3 doesn't sound like a lot for parking near a beach but he isn't doing it for charity either. I suspect he rakes in quite a nice earner for this.

... tax free, I'd wager.


 
Posted : 17/08/2015 11:10 am
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Calfeat Emptor


 
Posted : 17/08/2015 11:11 am
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Not sure that's right hobo.

IF, c9 contacts his insurer, they'll chase the farmer and if he's not paying ball will pay for the repairs less the excess (assuming that the policy does cover bovine damage...) and it'll go down as a "cost not recovered claim".

It's certainly a fairly rare situation...


 
Posted : 17/08/2015 11:11 am
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If only the OP's car had been a stretch limousin or a hereFord.


 
Posted : 17/08/2015 11:15 am
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[i]nemesis - Member

Not sure that's right hobo.

IF, c9 contacts the insurer, they'll chase the farmer and if he's not paying ball will pay for the repairs less the excess (assuming that the policy does cover bovine damage...) and it'll go down as a "cost not recovered claim".

It's certainly a fairly rare situation...[/i]

Sorry nemesis, whats not right?

My main point is that if the farmer pays, great. If he doesn't then this is what people pay insurance for and don't let the stress of the event drag on for a second more than it needs to.


 
Posted : 17/08/2015 11:17 am
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You'da thought the farmer would have public liaBULLity insurance.

[/Frankie howard]
suit yourself
[/frankie howard]


 
Posted : 17/08/2015 11:17 am
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For the OP - when you say you went through several gates, did you have to open them? If they were open already, it doesn't matter which field you parked in, as the cows could have got to your vehicle anyway.


 
Posted : 17/08/2015 11:29 am
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Hobo - yeah, may have misread your post.


 
Posted : 17/08/2015 11:32 am
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I'd just ring my insurers, they would fix the car and pay for it. They can chase the farmer or his insurer for the money if they want to, and I don't have to care, or get involved.

That's what you pay them for.

Simple enough really.


 
Posted : 17/08/2015 11:38 am
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[quote=nealglover ]That's what you pay them for.

and you then pay them back a significant proportion of what you've claimed, unlike the case if you get the farmer to pay for it


 
Posted : 17/08/2015 11:44 am
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That's what you pay them for.
But you will most likely end up paying them more because of it.


 
Posted : 17/08/2015 11:47 am
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There is a protected ncb on the car fwiw.
Happened in West Wales.. Think they were fresians


 
Posted : 17/08/2015 12:00 pm
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Free is one thing they weren't 😉


 
Posted : 17/08/2015 12:07 pm
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Might be classed as an Act of Cud so you may end up paying yourself..


 
Posted : 17/08/2015 12:42 pm
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Don't end up in hock paying for the repairs.


 
Posted : 17/08/2015 12:47 pm
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[quote=cloudnine ]There is a protected ncb on the car fwiw.

Will still cost you to claim when it comes to renewal time, just not as much as otherwise - protected NCB is just another insurance policy on your NCB, but doesn't cover you for increases in the base premium for becoming a higher risk.


 
Posted : 17/08/2015 12:52 pm
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Don't get into a beef with the Farmer over this.

Did you open any gates or go over a cattle grid? Seems a bit mad cow to park vehicles in a field you have cows in.


 
Posted : 17/08/2015 12:53 pm
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WOW this is a legendary thread, you couldn't make this muck up. 😆


 
Posted : 17/08/2015 12:56 pm
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and you then pay them back a significant proportion of what you've claimed, unlike the case if you get the farmer to pay for it

That amount of damage to a T5 is going to cost over £2k easily in parts and body shop labour (at a good repairer)
Multiple panels to repair or replace and paint, a fair bit of paintwork to repair/repaint, pair of rear lights to replace, door mirror to replace (paint?) and possibly damages electrics.
£1k won't even be close.

Mine costs a touch over £200 a year to insure fully comp.

what sort of percentage increase do you reckon the insurers will add, for one non fault claim, that would recover a "significant proportion" of that sort of claim ?


 
Posted : 17/08/2015 1:11 pm
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Doesnt really help... Recently I turned up to a RTC where a person had killed a cow in the middle of the road and it had written the car off. The Police didnt know who should be claiming off who.


 
Posted : 17/08/2015 1:25 pm
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