Animal hit by a car

What happened: hit an animal

A collision with a crossing animal often happens in a fraction of a second, usually at dusk or in the dark. Sometimes it involves wild animals, such as a roe deer, wild boar, or fallow deer. Other times it involves a domesticated animal: an escaped sheep, a cow, a horse, or a loose dog. The consequences can be severe – not only significant damage to your car, bicycle, or motorcycle, but also injuries such as whiplash, bruises, bone fractures, or injuries to your passengers.

Whether you can recover damages and any injuries depends primarily on the type of animal. Therefore, we have listed the various situations below. Do you want the bigger picture? Then also read our page on injury caused by an animal.

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Who is liable in the event of an animal being hit?

Liability varies significantly depending on the situation. We distinguish roughly three scenarios.

1. A kept animal (cattle, dog, horse)

If you hit an animal that has an owner – for example, escaped livestock, a loose dog, or a horse that has broken out of a pasture – the owner in principle liable pursuant to Article 6:179 of the Dutch Civil Code (BW). This is strict liability: the owner is liable even without being at fault. The mere fact that his animal was walking on the road and caused damage is, in principle, sufficient. The claim is then covered by the owner's liability insurance (personal liability insurance, or in the case of livestock, sometimes agricultural insurance).

If the animal is commercially – think of livestock on a farm or horses at a trading stable – then Article 6:181 of the Dutch Civil Code: not the owner, but the company using the animal is liable. In that case, you claim on the business liability insurance.

2. Game (roe deer, wild boar, red deer)

If you hit wildlife , the situation is more complicated. Wild animals have no owner, so in principle there is no liable party under Article 6:179 of the Dutch Civil Code. A roe deer, red deer, or wild boar 'belongs' to no one, and therefore this damage often falls outside the scope of strict liability for animals. In many cases, you will have to bear the cost of the damage yourself, usually through your own comprehensive (all-risk) insurance. If you only have third-party liability insurance, damage caused by wildlife is often not covered – although some policies offer separate coverage for this.

3. The road authority

In some cases, the road authority (municipality, province, or Rijkswaterstaat) may be liable under Article 6:162 of the Dutch Civil Code. This applies, for example, in the case of a known and dangerous wildlife crossing point without warning, missing or damaged fences, or if the road authority took insufficient measures while the danger was known. This is an exception and requires thorough substantiation, but it is certainly worth investigating.

Your own fault and your own damage

In the case of an animal being struck, an insurer may also raise the defense of contributory negligence (Article 6:101 of the Dutch Civil Code): were you speeding, were you distracted, or could you have seen the animal sooner? In such cases, the compensation may be partially reduced. However, this defense is not accepted lightly – a crossing animal is often virtually unavoidable. Therefore, never simply agree to a reduction or rejection.

Important: even if the damage to your vehicle is covered by your own comprehensive insurance, this does not mean that personal injury has to go uncompensated. If there is a liable party (the owner of the animal or the road authority), you can claim compensation for your personal injury from them.

A common mistake is that victims, after the initial shock, focus primarily on their vehicle and let personal injury continue. A whiplash or neck complaint, in particular, sometimes only manifests days later, while the consequences can persist for a long time. Therefore, always have physical complaints documented by a doctor, even if you feel reasonably well immediately after the collision. A well-documented medical record will be decisive later on to substantiate your personal injury claim to the insurer.

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What damages and compensation for pain and suffering can you claim?

In a collision with an animal, both vehicle damage and personal injury are often involved. We distinguish between material and immaterial damage.

Material damage is anything that can be expressed in monetary terms:

• Damage to your car, motorcycle, or bicycle;
• Medical costs: deductible, physiotherapy, treatments;
• Loss of income if you are unable to work;
• Travel expenses and costs for replacement transport;
• Costs for domestic help;
• Personal injury to your passengers.

Non-material damage is compensation for pain and suffering: reimbursement for the pain, shock, and grief. This can add up, especially in the case of permanent injuries such as whiplash. You can find a complete overview on our page about compensation. Would you like an indication of your total damages? Then use the personal injury calculation tool.

Good to know: the costs of legal assistance are themselves also part of your damages. Pursuant to Article 6:96 of the Dutch Civil Code, the liable insurer pays the reasonable costs of legal assistance. Therefore, our assistance is free of charge as long as there is a liable opposing party.

What should you do after a collision with an animal?

The steps taken immediately after the accident strengthen your case file. Follow this checklist:

• Ensure your safety first. Park your car safely and switch on the hazard lights.
• Call 112 if necessary in case of injury, and the police or municipality for an injured or dead animal on the road.
• Seek medical help. Always have an injury assessed – a whiplash sometimes only manifests later.
• Take photos of the situation, your vehicle, the animal, and the location (pay attention to wildlife warning signs or the absence thereof).
• Locate the owner. In the case of livestock or a dog: record the owner's details and look for witnesses.
• Keep supporting documents and receipts for all costs and repairs.
• Do not wait too long. In principle, a personal injury claim expires after five years.

Were you unable to document everything? Don't worry – even with limited evidence, it is often still possible to determine whether there is a liable party.

Need an expert after an animal has been hit?

Especially in the case of an animal being struck, it is worthwhile to have it investigated whether there is a liable party. The situation is often unclear: was it a domesticated animal or wild game, and does the road authority play a role? An insurer sometimes dismisses the claim too quickly with 'wildlife damage is at the deductible', while upon closer inspection, there *is* a liable owner or road authority.

A personal injury expert investigates the matter thoroughly, ensures proper liability is established, and substantiates all your claims for damages – vehicle and injury, including for your passengers. We take into account conditions that only manifest later, such as whiplash.

And most importantly: because the liable insurer pays our costs pursuant to Article 6:96 of the Dutch Civil Code , our assistance is completely free of charge for you as long as there is a liable opposing party. Feel free to contact us for a no-obligation consultation.