Unfortunately, that included my neighbour. This thing is a pain in the arse and constantly barks and digs under the fence into our garden and then… well, you can guess the rest.

Now, I’m not particularly blaming the dog for his behaviour as it’s not his fault. He needs to be trained. However, the neighbour is about as much use as a chocolate teapot and his lack of care has now knocked me for six.

Unbeknownst to me, the neighbour’s dog had escaped (again) after they left the garden gate open (again). As it has no recall whatsoever, it apparently spent the afternoon running around the village chasing anything that was on two wheels, from kids on scooters to motorbikes.

That was until I turned into our cul-de-sac on my Triumph Bonneville (I had been out for a ride in the Peak District for the day). Once it spotted me, the dog shot out of a bush and straight in front of me. I had no chance of stopping and hit him at about 15mph.

The result was I fell off, breaking my arm and wrecking the side of my bike, and the dog now has a broken pelvis and leg. So, after we each got operated on, I now have to have the awkward chat with my neighbour as to who is to blame. Me or the dog? He asked my wife for my insurance details as he had a £2,000 vet’s bill to pay and wants to claim it back from my bike insurer. The cheeky git. My view is he needs to pay for my broken arm and bike. What do you think?

Answer

First of all, if you are unlucky enough to hit a dog, a horse, an ass, a mule, a sheep, a pig, a goat or cattle then there is a requirement (S.170 of the Road Traffic Act 1988) to provide your details to any person reasonably requiring them, or to report the accident to the Police.

This should be done as soon as practicable and no later than 24 hours. If you do not stop, fail to provide your details or report the accident to the Police you will likely fall foul of the 1988 Act and be liable to prosecution. So, long story short, as you hit a dog, you need to give your insurance details to your neighbour, even if he is a cheeky git.

Now, giving your insurance details does not mean you are liable for the accident. That is just you simply complying with the law. As for liability for the collision, as your neighbour was meant to have their dog under control and didn’t, and it caused you to fall off your motorbike, he is liable for the damage caused, i.e. your broken arm and wrecked bike.

As for getting the compensation for your injury and loss, you need to ask your neighbour if he has insurance to cover this. He may well have pet or home insurance that may cover this. If not, he may have to foot the bill himself.

Andrew Prendergast

More Bikes October 2022