Has anyone experience of farmers liability with regard to cows on the highway(fenced)at night.My wife going to work at 9.30pm came round a corner to have a farmer jump out at her waving his arms.The result was a broken grill,badly dented bonnet and a smashed windscreen.The farmer suffered a dislocated shoulder.The police have told my wife she hasn't done anything wrong and indeed the farmer is at fault.I don't think it right that she should lose her NCB through no fault of her own.Any advice welcomed.
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She will only lose her NCB if she makes a claim. From the sounds of it the cost of repairs if undertaken will be less than the total increase in insurance payments over the next 3 years or so. So it is best to pay for the repairs yourself though it will depend on the current insurance premium she is paying. The windscreen can probably be repaired by the insurer with no effect on the NCB but do check first. I would have thought that you could take the farmer to court to get damages. Though probably no witnesses so it might be hard to prove.
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My niece's boyfriend was killed last December when he hit a cow on an unlit road whilst returning fromm work. The farmer had apparantly been warned before to have his fences repaired after complaints about his cattle wandering on the road but had not done anthing about it.
He was in court a couple of weeks ago over the accident. Result was a £140 fine. Not exactly what could be called justice.
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Tom, I know that no one can bring your niece's boyfriend back, nor can anyone begin to adaquately compensate your family for it's loss.
But, for what it's worth, I am sat here absolutely incandescent with rage at the ludicrously lenient fine handed down to that farmer. Words (for once) fail me.
Regards
Rob
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Most/all farmers have decent insurance for this sort of thing. It is often a scheme run by the NFU so I would have thought you should be able to claim on his insurance (no fault claim) and therefore not affect your NCB.
As an aside and not wanting to enter a debate about the rights and wrongs of sentencing (£140 does seem a little bit pathetic though), a cow if it wants to could get through any fence you put up.
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a cow if it wants to could get through any fence you put up.
Only through shoddy or badly maintained fencing. I lived on a farm for several years and we used to spend several weeks each spring, prior to livestock being allowed into the fields, meticulously checking all fences and hedges for any damage. We very rarely had any cows get out.
Obviously it does occasionally happen however careful you are - maybe a weak piece of fencing suddenly gives way after being used as a scratching post etc. Tom, however, states that the farmer had already been warned about poor fences and his cows on the road - sounds like a case of wilful negligence to me on the part of the farmer. Highly irresponsible and he deserved a lot more than a 140 quid fine if you ask me.
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Persue the Police comment of he is at Fault and claim against the Farmes Third PArty LIability. Peter
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Partly rhetorical, Partly cynical - How much did the farmer get from his own insurance for compensation for the animal - I presume it didn't survive the incident?
Sorry to hear about the death, Tom. I caught a deer a glancing blow with the volvo 240 last winter when it started to run across the road. The car escaped with only a cracked grill and some oddly angled lights, but the deer died from its injuries 5 minutes later. Not a great start to the day, but I dread to think what would have happened had I been on the bike....
Chris TD
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Farmers are the custodians of the countryside and therefore totally exempt from all traffic regulations.
They can drive badly or unlit tractors at night, leave animals wandering about as we have heard, leave gates swinging open across the road, and of course if the tractor is a real old wreck it doesn't have to be taxed or insured.
There is also I believe an obligation to clear up mud or hedge cuttings from the road, but this too does not apply to farmers.
They are indicator-exempt.
Those of us who merely live in the country as opposed to 'owning' it know from bitter experience to drive very cautiously and to expect anything.
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Most farmers are generally very responsible with regard to the roads. It is, as in many situations, a few bad apples who spoil the reputation for all those who do take care on and with the roads.
For general information, anything on the road bigger than a hedgestrimmer must be insured and farm machinery is no exception. Individual machinery would generally not be insured though - the farmer would normally have a "cover all" policy in place.
The law states that if machinery is being used only between farms and of distances no greater than 3 miles, neither an MOT or taxation is required. Though rest assured if you were to cause an accident driving a tractor say, with poor/no brakes, you'd certainly feel the long arm of the law.
I've seen very large and dangerous machinery driven very stupidly but I've seen cars and lorries driven likewise.
Regarding indicators, many old trailers are not fitted with such niceties and you simply have to be extremely careful and offer hand signals when you can. It doesn't stop impatient people overtaking you (or trying to) when you're turning right all the same.
I think you need to "expect anything" wherever you drive to be honest!
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Thanks for all the replies and like the rest I'm sorry about your niece Tom.As it has turned out the wife has protected ncb so it will just leave the excess to reclaim.I took a slow drive past the relevant fences/gates today and they're in a shocking state.Going back tomorrow with the camera.The guy she hit is an employee of an estate so I think that could be good news as far as their insurance is concerned.Again thanks.
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Near me, when they built a new stretch of the A41 they chopped a farmer's land in two, as a result he has to herd his cattle across the slip road twice a day for milking. The road builders were simply not interested in building a bridge or tunnel for him.
Several of his cattle have been injured because some people are just too impatient to wait patiently whilst they are crossing and try to drive through the herd. He always has adequate people around to give warning of the cows ahead, including guys in fluorescent jackets in the winter months.
There is always another side to irresponsible people, including idiots who jump in front of cars. As regards the staggeringly low fine given to the guy who's wandering livestock caused the death of that young man, I wonder what the maximum fine that could be imposed actually is. You may find that it's the law that's 'an ass' in this circumstance. When a farmer poisened the River Coquet in Northumberland a few years back, the investigation cost in the region of £25K. He was given the maximum fine, which amounted to a couple of thousand!
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>> a cow if it wants to could get >> through any fence you put up. Only through shoddy or badly maintained fencing. I lived on a farm for several years and we used to spend several weeks each spring, prior to livestock being allowed into the fields, meticulously checking all fences and hedges for any damage. We very rarely had any cows get out. Obviously it does occasionally happen however careful you are - maybe a weak piece of fencing suddenly gives way after being used as a scratching post etc. Tom, however, states that the farmer had already been warned about poor fences and his cows on the road - sounds like a case of wilful negligence to me on the part of the farmer. Highly irresponsible and he deserved a lot more than a 140 quid fine if you ask me.
Living in N. Devon and spending a large part of the winters walking fields for a pastime i can assure you that Farmers are completely PARC! at maintaining fences and more importantly hedges. I am fully aware, before I get shouted at, about their finanial situation, which we have to believe because of limited info to the contrary, but they, in the majority, are not custodians of the countryside as they would have you believe.
Meticulously has NEVER come into it!
Regards.
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they, in the majority, are not custodians of the countryside as they would have you believe
Indeed. In general modern farming is not wildlife friendly though many farmers do go out of their way to help wildlife.
Back on topic, I have seen a cow leap a wooden fence, and another get back in to a field by climbing between the strands of a wire fence. Daisy is a tad more devious than we would credit.
In many areas it is common to find pigs, sheep and semi-wild horses on the road. Usually just round a blind bend.
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