The ol' homestead

The cow accident saga continues....

10:12, Monday, January 12, 2009 .. Posted in Homestead life .. 6 comments .. Link

Now remember this accident happened in broad daylight, I topped a hill and BAM the cow was there.

The saga and stress continues over the car/cow accident. What we thought as a simple open and shut case has now become a nightmare really. The owner of the cows' insurance claims person has denied the claim. WHAT? Boy, were we in for a surprise to find out that in Oklahoma, because of Carter v. Ford that the mere fact that livestock is on the highway does not mean the owner is negligent. An owner of an escaping cow is not liable if he is without fault ( if the cow escapes its enclosure such as generally required to restrain it) In our case this means that they had a good fence and an approved and in-working order cattle guard with no debris in it to aid the cows in walking through it (in which the cow did) So, even though the owners opened the gate to let in oilmen who were going to be having some sort of meeting, even though the owners knew the cows had gotten out this way previously, even though they seen the cow get out and was trying to get it back in, even though they want to take full responsibility... DOES NOT MATTER. They had an approved cattle guard -and I guess in Oklahoma that is all you need!

The owner said she was at fault and wants to accept responsibility but her insurance says no-no-no. What the heck???? I think if you have animals then you should be responsible for them.....period. It's not right that because you had a cow that got out, that it should cost someone else thousands of dollars.That is why we do have insurance so that if some one hits our cow, then we are covered.

Now since we have been denied the claim, I now have to go through the whole process over again with my insurance (our insurance company's are the same -can you believe that?!)

My car has been sitting for 3 weeks already. I took it to our local body repair and his estimate put the damage at about 5,000. But his opinion is that they will total it. Now this is where it gets nasty. If they do total it, then we are afraid that the payoff amount will exceed the value of the car. So what that means for me is that since my insurance does not carry gap, then not only will I loose my car but I will still owe money on a car I no longer have.

I am still holding out hope for my car and maybe this week I will find out what they decide.




Untitled Comment

01:55, Monday, January 12, 2009 .. Posted by crispe
Thats interesting. We were always told, we were responsible if our animals got out.

Crispe ;o)

I agree with yo..

12:51, Wednesday, January 14, 2009 .. Posted by rstewart8888
Like your photos...except that beef-on-the-grill must irratate you. I agree with you on the blame here. More and more we are finding our insurance companies are shirking their responsibility. We just last year finally found a true Christian one that seems totally fair and honest and actually insures us.
Oh well.... after the bam- it's all downhill. all the best. R Stewart Ontario canada


My 2 cents

10:49, Thursday, January 15, 2009 .. Posted by daughterofgrace
I know just enough about law to be dangerous....that being said (and due to the fact I went to law school, didn't complete, but worked for a prosector for years)...can't you all just settle it outside of the insurance and courts?? I mean, can't they just pay for your repairs and be done with it....like a claim was never filed?? I mean, why mess with beauracy if you don't have to?? Just a thought.
And thanks for leaving a comment on my blog the other day....I'm adding you to my friends list. Stop by again soon.
Denise, Daughter of Grace

Excaping Cow...

01:09, Saturday, January 17, 2009 .. Posted by BLCHEW
When people pay for insurance they believe that the insurance company will deal with issues fair and justly. However, the insurances companies are what is causing the court systems to have more law suits. Rather then paying the money for the damages, they just can not pay for things that they should have no doubt about.
Who ever makes some of these laws needs some real help. I can never understand what is on the minds of people when they do this.
Yes, You should be paid for the damages and Not to be funny. May I ask what is the name of the Insurance Company. We would really like to know that if our cow gets out and causes an accident then the person will get paid without this hassel. Right is right and wrong is wrong. Cut and dried. Should not matter if they think they can get out of paying it, it should matter if they believe deep in their hearts it was the owners resposibility.

That Stinks

10:08, Sunday, January 18, 2009 .. Posted by aplainpath
I hope this all works out for you. It's frustrating to deal with this kind of thing. My husband was recently in an accident. A car slammed into a truck, pushing the truck into the van my husband was driving and he was at a stop. The man in the truck went and got one of those "have you been in an accident" lawyers and they filed a claim against my husband as well. Insane! Lawyers, insurance companies just irritate me. Ours worked out, so there is hope in the right thing being done.

I've enjoyed your blog. Just started on here a couple days ago myself and found you by clicking "Random Blog." I'm going to save you to my friends. I've enjoyed seeing your sewing projects and I love gingham!

Okay, absolutely cannot figure out how to add you. ugh! I've only done it by clicking on the names of those that have left comments on my blog, so no clue how to add you to my friends from your blog. I tried doing a search for you in the directory. Help?

Edited by aplainpath on Sunday, January 18, 2009 at 09:16

Untitled Comment

05:08, Tuesday, January 20, 2009 .. Posted by Schatzi
Wow...I cannot reply to the insurance since I live in Canada and not sure how that would work here. So sorry to read about what is going on.

I hope your week goes better..I will be praying for you and family.

Blessings,
Connie

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