While driving home at night we hit a cow and our car was totaled; are we able to go after the farmer for the money we are out?
Question Details:
We hit a cow on interstate 29 at 7:30 pm; it totalled our car. The insurance only wanted to pay fair market value which is a lot lower than the high book value; we settled $400 from the high book value. We were without a vehicle for 2 weeks. We also did owe some money on the loan $400 plus the deductible $500. We also did not have a down payment for a new car; we used our old one for trade on the one that was hit. Can we go after the farmer for our loss $400, $500, $50 for rental car, and $2000 for down payment (old trade in)? If so, how do I go about doing it myself? I know who the farmer is.
Auto Accidents Law Answers
If you believe that the farmer was negligent in not keeping his cow off the road (e.g. it should have been in a fenced yard; it should have been in a barn; etc.), then yes, you could sue him for your additional damages. (On the other hand, if it's reasonable for a cow to be wandering loose at 7:30pm, then the farm did nothing wrong and there was no fault.)
For a small claim, you can file in small claims court (sometimes known by different names in different jurisdictions). Contact the clerk at your local courthouse, explain the size of the claim, and ask him or her for the paperwork and instructions to file as well as where to file. Make sure you follow the instructions exactly.
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