Am I liable for an accident wherein a driver supposedly hit 1 of my cows that was in the road but they have failed to provide actual proof?

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Am I liable for an accident wherein a driver supposedly hit 1 of my cows that was in the road but they have failed to provide actual proof?

A woman says that she hit one of my cows but did not call the police or take any pictures of the accident. Said she went straight to the police department to file a complaint. The fact of the matter is we have no pictures of the damage the cow did to her car or even if she really hit one of our cows. We’ve checked all of our cows and none of them have any damage. yet, she got a quote of over $4,000 in damage (that’s what she said the body shop said).

Asked on January 9, 2017 under Accident Law, South Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the driver hit one of your cows that was in the road, you would be liable for the damage to the vehicle (cost of repairs).  That driver has the burden of proof.  Since none of your cows were injured, and there is no evidence that this occurred, you should continue to deny liability.


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