A car accident with a stray dog is a situation that happens more easily than you might think. In fact, it could unfortunately happen that a stray animal suddenly appears on the road while we are driving.
Find out with us how you can move in the event that you find yourself in a circumstance of this kind, with the prospect of obtaining or not even a rather significant financial compensation. Before starting, know that the Court of Cassation has decreed some substantial changes that can certainly make everything a little more complicated.
How to move from an insurance point of view
How likely are you to get the long-awaited financial compensation if you have suffered a traffic accident due to the sudden appearance of a stray dog? If you are in the insurance business, the chances of making a profit are very slim.
All this because you are dealing with a situation characterized by too many variables. Insurance companies do not have such incentives to implement specific policies, since the latter would not guarantee either economic or practical benefits.
At the same time, you don’t even have the opportunity to ask for help from roofers that can give you a big hand. For example, the well-known Kasko policy protects you from any type of collision with fixed or mobile objects, but animals are not implemented in such a solution. Other companies try to protect you if you run into a fight with wild animals in certain areas where they are quite present. However, stray dogs are always considered as a separate category and there are very few exceptions to this rule.
What to ask the ASL and the various municipalities
Although the general picture is not exactly the rosiest, do not despair. The real problem is not the impossibility of operating in certain situations, but rather the lack of a reality that is universally competent in regards to stray animals. On the basis of the provisions of the framework law 281 of 1991, the body that must prevent the risks deriving from stray dogs is the only one that can take care of the various responsibilities. This competent body is not expressed directly, but changes according to regional provisions.
In practice, any type of reality could deal with stray animals depending on what the corresponding region decides. In principle, the custody of these four-legged stray animals is however entrusted to the ASL, which also provide for their capture. Municipalities and provinces can also deal with certain situations, although it all depends on the region. At the same time, it is mandatory to use the kennels and upgrade those already provided in case they are in unfavorable conditions.
What procedure to implement to request compensation
At this point, you just have to check which procedure to put in place for the request for financial compensation. It is necessary that you present the request relating to the case in question to the body in charge, whether it is the ASL, the Municipality or any other reality. You will need various documents to fill out and sign to ensure that your appeal is successful. Here are the attachments that just can’t miss:
- the complaint of the accidentto the police with an accurate description of the incident;
- a photograph of the carthat suffered the accident and possibly of the stray dog;
- any key personal dataof witnesses;
- any medical certificatesin the event that any person involved has found physical damage;
- attestation of the expensesyou have had to incur for the car and for physical damage;
- the amount of money requiredto file a claim for compensation.
As we have also told you previously, the specific situation has undergone a recent change and the Court of Cassation seems to have moved more to the side of the entities than of those who suffered the accident firsthand. Until recently, it was not easy to demonstrate a possible accidental event due to circumstances impossible to predict. Today you have to be much more attentive to any complaints from the ASL or the Municipality.
How to demonstrate any negligent behavior
To receive the compensation that you consider perfectly suitable for the damage suffered by your car and by yourself, you must apply all kinds of precautions to ensure that any culpable behavior is demonstrated. According to what is defined by the Court of Cassation, it is no longer enough for you to sue the body that has to deal with the various situations of stray dogs. In fact, you must submit a series of documents that can attest to the actual fault of the body in charge. Thus, every principle of strict liability has been eliminated, but only the direct one is valid.
You can only move if you are the injured motorist yourself. Incorrect behaviors must be reported by you, as well as reported to the ASL, the Municipality or both entities. For example, you can report the presence of any reports of stray animals at the points where any collision occurs. If the ASL or the Municipality have not acted in a timely and precise manner to favor a return to normal in the general situation, you have at your disposal a window to obtain compensation for an accident with a stray dog. We suggest, of course, to put into practice every precaution to take advantage of such an opportunity.