Compensation for a hit-and-run pet

How do I claim compensation if my pet is hit by a vehicle?

From a legal perspective, animals are not subjects of law, respectively, they are not bearers of rights and obligations and cannot perform legal actions. They are objects of law and in theory and practice are equated with property.

However, increasingly, case law recognizes the great importance of pets in the daily lives of modern people. Therefore, the law and the courts allow for claims for compensation if your pet is involved in an accident on the road.

When am I entitled to compensation?

Any damage your pet suffers outside may be subject to compensation. The most common hypothesis for this is hit by a vehicle when walking. We should point out that in order to avoid such a risk, it is advisable to always walk your pet, regardless of what it is (dog, cat, etc.), with a collar and leash.

A pet that is allowed to roam freely may be considered a contributory cause of the accident, in which case the amount of compensation is reduced. You are entitled to compensation whether your pet is only injured, such as a broken limb, or in the event of a fatal accident.

What actions should you take?

The most important thing is to seek specialized veterinary medical assistance, which can limit the harmful effects on your pet from the incident. Reporting the accident to the emergency number "112" is important for proving the occurrence of the event. If the incident was seen by other people, try to find their contacts in view of the possibility of their testimony being used in a future court case.   

What is the amount of compensation?

Compensation can be sought for both pecuniary and non-pecuniary damages. The pecuniary damages will represent not only the costs incurred for treatment, but also the market value of the pet in the event of death.

Non-pecuniary damages are related to the fact that animals have a special relationship of attachment with their owners and contribute to the quality of life of the latter. The loss or injury of a pet is undoubtedly a traumatic event for its owner and is subject to compensation.

The amount of compensation for non-pecuniary damage is determined fairly and depends on the degree of pain and suffering, the duration of the breeding, as well as the negative impact on the owner's psychological state.

Who is entitled to compensation?

The compensation is due to the person who suffered the aforementioned material and non-material damages. This should most often be the owner of the dog or the person who raises it, even if the latter is not the owner from a property law perspective.

В case law The opinion is that the ownership of a pet does not overlap and does not consist solely in proving the fulfillment of the obligation to register/declare the dog in the relevant municipality. Failure to fulfill this obligation does not lead to the impossibility of claiming compensation, but could only be relevant to the possible engagement of the owners in administrative and criminal liability.

What is the order of claiming?

1. We attempt to resolve the dispute amicably – we hold a meeting with the person responsible, where we try to negotiate the best terms for you. After your approval of the parameters of this agreement, we can proceed to signing it.

2. In case the dispute cannot be resolved, we will voluntarily file a civil lawsuit to claim the compensation due to you. In addition to not owing us any fee in advance, we will also do everything possible to exempt you from paying court fees and expenses, if the prerequisites for this, as provided for by law, are present.

3. If there is a criminal case initiated in connection with the tort, we can also represent you in it. In this case, we can bring the claims that would otherwise be the subject of the initiated civil case referred to in point 2.

4. If the case/cases are successful, we file an enforcement case and represent you before a private bailiff, who will assist you in receiving the actual amount awarded by the court decision - through seizure of bank accounts or other appropriate actions.