to ask this neighbour with help towards car and gate repairs?

[swarskicat]

Our neighbours dog often wanders around the street untended. We have chickens, and I have on occasion had to take it home as it has been in our garden scaring them.

The response I usually get is 'little madame, i wondered where she had gone'. Up until now this has not been a problem really. But yesterday I was driving home from work when the dog ran out of our drive as I was driving into it. I swerved to miss the dog and bashed the side of my car into the gate post - splitting the gate post and denting my car.

I took the dog back and knocked, but they were out.

This woman has a reputation for being pretty tough and now the initial adrenaline has gone I am now unsure whether to go and knock on her door and explain what has happened….and hopefully wait for her to offer to help towards the cost of car repairs and gate post repairs.

Any advise?

ps…I absolutely hate confrontation

I wouldn't personally. You drove into your own gate. That's it.

I understand that, but if I had not swerved (i was only going about 3 MPH) then I would have hit the dog. My point I suppose is that the dog should not be wandering about on a busy road and in and out of peoples gardens at will.

Good luck with that!

Doubt you will get much satisfaction. You could report her for letting her dog wander I think.

Exit - who could I report it too?

get better fencing to stop the dog coming onto your property

I would definitely let her know the damage her dog is causing! I wouldnt necessarily expect her to pay but she needs to know how much of a nuisance her dog is being.

Also, is there any way you could make your garden more secure so dog cant get to the chooks? It might make him less likely to come to your house if he cant get at them.

I wouldn't ask for a contribution to be honest, but I would call the dog warden every single time you see the dog from now on. Eventually they'll get the hint, or they'll lose the dog.

I really wouldn't bother. It's not actually the dogs fault that you hit the gate is it.

Don't ask for money to repair the gate and car, do point out that the accident gas occurred because you swerved to avoid their dog and try to emphasise that other drivers mightn't be so lucky as to have avoided hitting it. They need to keep the dog in before it causes a worse accident.

How much is it likely to cost to repair?

Having had the experience of asking a neighbour to pay for repairs to my car after her nephews pelted it with stones, I would be inclined to say don't ask.

When I told my neighbour about what her nephews had done it was all 'oh, I am mortified, of course I'll pay' but when I gave her the bill her husband came round and gave us grief. That was 8 years ago. They don't talk to us.

I wouldn't ask her to pay, but I would speak to her about the need to keep her dog in, and tell her that you nearly ran it over.

If it persists, a quiet word with the dog warden may be in order.

The problem is that you won't be able to prove that you swerved to avoid dog.
Sadly you probably would have been better off hitting the dog as the onus for vet bills would have been on her (ie but for the fact that she didn't have adequate control over her dog it wouldn't have been in an accident).
I agree with you that the fact that she lets her dog roam is unacceptable and dangerous. I would report it at this stage, this is not a one off accident and she does not seem to want to address the problem.

Thanks. I will pop down and explain to her what happened, but emphasise that I am worried about the dog wandering as I very nearly hit it. The back garden is now secure, and the dog has not been in it since we put a new fence up, but we have a drive onto the front garden. I do shut the gates when we are out for the day - but I had only popped out for 10 minutes to collect the children and they were open.

You should have gone and knocked on her door straight away and told her to control her dog as you have just nearly hit it and have damaged your car in getting out of the way.

I'd be furious. Why have a dog and then let it roam around where you live??

If you'd hit the dog instead, would she ask you to pay the vet's bill? Worth thinking about.

I would tell her about the incident and ask her to keep her dog safe. If she's decent, she'll take responsibility for the costs. It's up to you whether the amounts make it worth pursuing.

If an animal in my care caused an accident, I would consider myself liable for the rectification.

Tell her... in detail. Then phone the dog warden, repeatedly!

Sezammcgregor - that is exactly what I did. I marched down there with dog in tow and knocked on the door - but there was no answer. I then had to go out for the evening at 8pm and her car was still not outside the house.

I was fired up for the discussion immediately after, but now I have cooled down am nervous about the confrontation.

So think that I will very politely tell her that I nearly ran her dog over and leave it at that.

I'd definitely tell her, but I doubt you'll get an offer for recompense. More likely she'll start on about "did the nasty lady nearly hit you with her car, den, diddums?" and turn her back on you. She won't pay, I'd put money on it.

Definitely tell the dog warden though - if it ran onto the road, it could cause a far more serious accident, to say nothing of getting itself killed.

It is the dog's fault that OP hit the gate. Dog owners do have liability for damage and injury caused by their dogs if they are negligent, see here.

You should have gone and knocked on her door straight away and told her to control her dog

OP did but the owner wasnt in.

Why did you swerve instead if doing an emergency stop?

I'd be inclined to take the dog to the kennels as a stray - she clearly isn't concerned about its welfare.

Oatcake - it was literally nearly under my wheel when it ran out the garden - it is a narrow drive and i only swerved slightly (maybe 2 inches) whilst also doing an emergency stop.

Maybe the dog was right in front of the car Oatcake, you can't stop instantly!

Thanks Postman - that is an interesting article