Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

VIC Animals causing accident laws

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by crackajack, May 1, 2009.

  1. Hi All,
    I had a stack last week a 10pm on the way home from my folks place.
    2 houses down from mum's, about 30kmphr and a cat ran out straight under my front wheel and I dropped the Duke. SH#@, F$%K, C#@*!!!!!!! It was like hitting jelly.

    $7 grands worth of cosmetic damage and a bung knee. Dad saw it all and so did the neighbor. How embarrassing!

    I was told that the owner of the cat may be liable for this, as cats and dogs are not allowed to roam the streets at night? Unfortunately the cat didn't die but the neighbor knows who's cat it is.

    Is there any truth to this as the insurance companies cant give me a straight answer.

  2. Firstly, not sure about your choice of words there.. you were hoping for the cat to die? Bit harsh dude.

    Anyway, domestic public liability can extend where the household policy holder is at fault. If the law dictates that domesticated animals must be kept inside during certain hours then you will have to organise a letter of demand through either your insurer or a solicitor.

    After that it is up to the claim system to work it out.
  3. I know I'd want it to die, think about it, a bike just ran over the top of it, a 150kg+ bike and Rider ran over it, it will probably have all sorts of crazy internal injuries and be a mess for the rest of its life. That and roaming cats deserve to die.
  4. Insurance company may let you file a no-fault claim... up to them to pursue the cat's owner if they think they can make them liable.

    Just claim it, man.
  5. Straight out Civil matter, to claim you would need to identify the cat to confirm that it was the cat that you hit, also so you could claim against it's owners. If the cat had died at the scene then you would have proof there and then.

    It depends on which council area you were in as to if its illegal for the cat to be out and about. Then its up to the council to fine the owners. But don't hold your breath on that one in my local area the by-laws have been in place for nearly 10 years and no-one has ever been fined.
  6. Yeah dude, I hoped it died real soon because it was a heck of a thud and a squeal. I'm sure it would be in a hell of a lot of pain if its still alive.
    All I know is that now I have a Deadcati :(
  7. All I know is that now I have a Deadcati

    You posted this whole story just so you could drop that line, didn't you??? :LOL:

    I don't know about domestic animals, but a mate many years ago successfuly claimed against a farmer who had let a cow wander off his property.....
  8. with that much damage to your bike, depending what your insurance excess is, or if you dont have full comp, i would most likely be asking a solicitor, not joe bloggs on NR.... seriously. do it.

    reminds me of this... :LOL:

  9. Sorry to hear that, +1 for just putting in a claim and letting the insurance company pursue the cat owner if they wish.

    :LOL: "i now have a deadcati" :LOL: thats gold........!!
  10. STUPID!

    (not you this time Kishy!)
  11. #11 crackajack, May 1, 2009
    Last edited by a moderator: Dec 1, 2014
    Who you calling stupid?

    Hi ISCN.
    I have full cover, so it will be covered anyway. I just want to avoid at fault if possible.

  12. if a cat led my duke to take a dive and didnt die id be lookin for it to kill it if it wasnt already.
  13. Now stop saying what I'm thinking :twisted:
  14. do you know which neighbour's cat it was, any idea?
    maybe put a flyer in the letter boxes of your street, saying you hit the cat but it ran off, you are worried if it is ok or not, please contact you. then you can find out who's it was, and bring to attention the damage costs :wink:
  15. I am actually fairly astonished that someone would lose control and dump it after hitting a cat. Maybe on a pushie., or after hitting a big dog.. even a medium dog...and I can see dumping it under brakes.. but actually having it go down after hitting a cat. I have manage to survive hitting a 2 by 4 in the middle of the night at 60 on a corner and I am a pretty average rider these days.

    Must have been a puma.

    Stray dogs. or ones on 30 foot long leashes are a much bigger threat to us pushies.
  16. ^^^ mate you're awesome!
  17. Maybe we need kyptonite to get you down Superman :LOL:
    I heard Crusty Deamons are looking for new members I can forward your details to them if you like!

    Be constructive, not a twat!
  18. Hey crime, you're my hero! Teach me please, to be as cool as you. :LOL:

    Sorry bout the bike mate. And I agree with your sentiment, if it aint dead yet, kill it!
  19. stand on the pegs and more throttle next time.