Question Of The Day: Who Pays if I Crash Into a Cow?

Photo credit: Leszek Leszczynski, Flickr

This is the first installation of a new Yahoo Autos feature, Question of the Day. We’re scouring the Internet to uncover interesting questions that people have posted looking for advice from the unwashed masses. We will contact experts to give you well-researched, professional advice. You can also submit questions to autos_qotd@yahoo.com. 

Today’s question comes from Yahoo Answers: “If I crash a car into a cow, will my insurance pay for crash or will the cow’s owner pay for my dents?”

Answer: It may sound like a punch line, but there is nothing funny about hitting a cow with your car. Bad things happen when two tons of steel come into contact with 1,500 pounds of USDA prime. And the truth is, it happens more often than you might think.

Just like crashes involving deer, livestock accidents can cause severe damage to your vehicle and serious injuries for the driver and passengers in the car. Unlike an incident with a deer, however, someone—somewhere—owns that cow. And Bessie? She’s very valuable. So, are you on the hook for the loss of the cow? Is the cow’s owner on the hook for the damage to your car? How much will your insurance cover?

The answers depend on several different factors, including the laws of the state where the accident occurred and the specifics of your auto insurance policy. For example, in Texas, a driver is not going to be liable for the value of the cow if the cow was running at large on a highway, but the rules are different for county or private roads. In other states, like Florida, there are specific fencing requirements that would make the owner of the cow liable for damages if the cow was on any public road. Even in that case though, it isn’t all that simple for the driver because the driver would have to prove the cow’s owner was negligent.

Often, the issue of who owes what comes down to state and local laws about just these types of things: what type of road was it, was the cow’s owner required to maintain secure fencing, was the fence properly maintained but somehow the cow got out, did the driver intentionally hit the cow? (Yes, there’s an exception to the Texas law for drivers who show “wilful (sic) intent to strike, kill, injure, or damage the animal.” Crazy, right?)

Edward Smith, an attorney based in Sacramento, Calif., with over thirty years of experience handling livestock accidents whose firm maintains the website livestockaccident.com, points to lack of awareness as a common mistake drivers make before even leaving the house. “Many drivers from urban areas that travel for a day in the country do not realize that many counties in California and other states are ‘open range.’” — meaning either no or minimal duty to fence is required of cattle owners. Smith suggests that drivers in those areas need to exercise additional care, particularly when driving at night.

So what should you do if you do careen into a cow on a lonesome highway? As with any accident, take care of the people and passengers first. Then call the police and report the accident. Take pictures of the scene. Smith points out that local law enforcement may not check on any fencing and ranchers can be quick to make repairs after an accident, so your pictures might be your best friend if you end up fighting over issues of liability.

Contact your insurance company as soon as practical. The pictures you took at the scene will help you out here, too. Accidents with animals fall under the comprehensive coverage portion of your policy. (This is optional coverage with a deductible so important to understand what type of insurance you have before you get into an accident. The Insurance Information Institute has a helpful infographic.) Ultimately, if you do end up needing a lawyer of your own, do some research and find someone who has experience handling livestock accidents.