Emergency Brake to Avoid Hitting a Dog

mjjeje on 10/08/2015 - 17:31
Last edited 10/08/2015 - 19:13

I was driving along the highway (speed 70km/h) and suddenly a dog ran out in front of my car. I did an emergency stop, causing another car to hit the back of my car. I barely managed not to hit the dog and the car behind me told me that it is illegal to do emergency brake to avoid hitting a dog. I admit that I didn't check the mirror before doing the emergency brake. The car on my next lanes also did an emergency brake (but fortunately the car behind them manage to stop on time).

I've called my insurance and let them sort out who is at fault, but the guy pretty much harrassed me due to the accident. And seems like he doesn't have insurance. So, my question is….. should I have carried out the emergency stop?

EDIT: my insurance told me that I don't have to pay for excess, so I guess I'm not at fault here. But the guy keeps on calling me and sends me harrassing text messages (shouldn't have exchanged numbers -_-") basically he is trying to get me to pay for half of the damage since according to him I am at fault.

Automotive

Comments

  • KiLLUMiN4Ti on 10/08/2015 - 17:36
    +38

    He's at fault- if he hit you he was travelling to close. I would of done the same thing as you.

  • [Deactivated] on 10/08/2015 - 17:50
    +14

    Car that hit you is at fault.

    It is absolutely not illegal to stop for any obstruction in the middle of the road. It was a dog this time, what if it was a child?

    Not stopping could have caused you to have an accident as well, he shouldn't have been following so closely.

    Do not let them harass you, just let your insurance take care of it.

  • dylanando on 10/08/2015 - 17:59
    +8

    At least you didnt swerve, Defiantly should of checked first but if you had kept plowing through you would of been in an accident anyway. Go get a cheeseburger

    • [Deactivated] on 10/08/2015 - 20:33
      +5

      At least you didnt swerve

      +1

      • DeafMutePretender on 10/08/2015 - 22:02
        +3

        Defiantly
        should of
        would of

        I'm not usually a grammar nazi but I almost felt mein fuhrer turning in his grave!

    • snook on 11/08/2015 - 10:58
      +3

      Defiantly should of checked first

      in an emergency situation there is NO time to casually check the rear view, unless of course you can make time slow, Defiantly, like superman.

  • spackbace on 10/08/2015 - 18:16
    +3

    http://www.allianz.com.au/car-insurance/news/wildlife-on-our…

    If a vehicle ahead of you has suddenly slowed or stopped, the driver may be waiting for an animal. Slow down and be prepared to stop until the hazard has cleared

    Pretty safe bet that insurance will side with you, other car should've kept better distance between you.

    Now's the time to invest in a dash cam :)

  • RockyRaccoon on 10/08/2015 - 18:36
    +14

    Illegal or not isnt the issue here for you.

    You had an accident.
    You have insurance
    You refer the accident to the insurance company
    If they determine you are at fault they pay
    If they determine he is at fault they chase him for the cost
    If he disputes this he takes it to court, then the court decides.

    BUT dont let him hassle you and
    DONT admit that you may have been in the wrong, even IF you were.
    ADMITTING anything like that can void your insurance.

    I had an accident once and I was "convinced" I was in the wrong. (Thankfully I never admitted this to the other driver). The insurance company assessed the situation and determined it was the other driver at fault based on all the circumstances. (in a narrow lane). I learnt a big lesson.

    BTW if someone else has insurance, refuse to let them admit to being in the wrong. If they void their insurance, that causes issues for you. Let the professionals make the call, thats what you pay your premiums for.

    • mjjeje on 10/08/2015 - 21:12
      +3

      Thank you. I managed to sort things out with the insurance. The only thing left is the jerk who hit my car.

      • conan2000 on 11/08/2015 - 07:52
        +2

        Just block the number…

      • skillet on 11/08/2015 - 14:55
        +1

        Apologize to him, and say you feel sorry for him. Don't admit fault, he's probably playing with his phone.

  • indium on 10/08/2015 - 18:37
    +4

    Sounds like a (profanity), driving too close, no insurance and blaming it on you. Best of luck but I'm pretty sure you're safe, if you had entered another lane and been hit you would have been at fault

  • JSQUARED on 10/08/2015 - 18:55

    Similar incident here, but with a possum. Some discussion in the comments too.
    https://www.facebook.com/DashCamOwnersAustralia/videos/80254… (profanity warning)

  • mjjeje on 10/08/2015 - 19:16
    +3

    Thanks for the input guys, after discussing it here and with some colleagues I think I'm not at fault. To be honest, it was a pretty large dog, about the size of a labrador. If I didn't brake, it will probably cause me an accident. As I said the guy keeps harrassing me mainly for insurance since he is trying to get me to pay for half of the damage. Will be blocking the number if he keeps on harrassing.

    I don't know what happened to the dog/dog owner afterwards, it was a very busy road (during peak hour too), hopefully no other accident because of the dog.

    • [Deactivated] on 10/08/2015 - 19:58
      +7

      Tell him to deal with your insurance company and to never contact you again, if he doesn't say you'll call the police and file for a protection order or something.

      • Davo1111 on 10/08/2015 - 20:36
        -2

        I don't think the guy is required to deal with the insurance company at all. It's a civil issue between OP and the guy. Although the insurance company is likely to step in and act on OPs behalf.

        • mjjeje on 10/08/2015 - 21:25
          +1

          Told my insurance about the guy wanting me to pay for damage (the guy also told me at least my insurance should cover the damage). My insurance refused to pay for his damage (obviously) since I'm not at fault. Gave my insurance company his number and told the guy to deal with insurance company, which he replied with profanity. Hopefully they can work things out.

        • terrys on 11/08/2015 - 22:40

          The damages are a civil issue - and the O.P's agent is the insurance company, who the person who ran into the back of him will have to deal with. The harassment of the O.P. and continuing demands for money are, at the O.P's discretion, a criminal matter - the response of profanity and continuing harassment of the O.P. when told to deal with the insurance company are a pretty good indicator that he knows he is on a hiding to nothing.
          I'd have taken it to the police the first contact he made after being told the details of the Insurance company.

    • Davo1111 on 10/08/2015 - 20:32
      +1

      Just tell him straight not to contact you again, except through written communication. Blocking the number just leads to other issues. Do not discuss what happened again, whose fault it is.

  • [Deactivated] on 10/08/2015 - 20:32
    +6

    That's a huge fear of mine - an animal running out in front of me when I'm driving.

    Are you okay after being hit from behind like that? >_<

    • mjjeje on 10/08/2015 - 21:11

      I'm ok after about 2 hours. Was terribly shocked and with the guy throwing tantrums and kicked my car scared the hell out of me. Thinking about it thank God he wasn't physical. My friend who sat on the passenger's seat still quite shocked by the event though.

  • Davo1111 on 10/08/2015 - 20:39
    +2

    Rear driver is [almost] always at fault. "Failing to maintain a safe distance from the vehicle in front". But that is irrelevant, read what RockyRaccoon wrote.

  • bargainslut on 10/08/2015 - 20:42
    +2

    Iv'e done people from behind a few times and they never kick up a stink. No animals were involved though.

    • mjjeje on 10/08/2015 - 21:19

      I think he doesn't have insurance and tried to get me to pay for the damage (he requested half). My insurance refused to cover his damage since I am not at fault and told me there's nothing they can do with people without insurance, that's what insurance is for.

      • bargainslut on 10/08/2015 - 22:16

        You are spot on mjjeje. How much damage did he do to your rear end?

        • mjjeje on 11/08/2015 - 00:07

          It was pretty bad, can't open the trunk but still driveable.

        • bargainslut on 11/08/2015 - 00:41

          @mjjeje:

          No one is hurt physically but they are emotionally.

          You will be just fine as you have a few wines this evening:)

          Have a little meditation tomorrow and remember to focus on breathing.

    • BigTed on 10/08/2015 - 22:28
      +1

      lol

    • sleepy120 on 11/08/2015 - 01:49
      +1

      wrong hole?
      THAT'S WHAT SHE SAID!
      animals = handcuffs

    • [Deactivated] on 11/08/2015 - 07:38
      +1

      I guess it depends how hard you bang into them..

    • Japius on 11/08/2015 - 08:23

      Thanks, gave me a good laugh today

  • holdenmg on 10/08/2015 - 20:45

    Live in Melbourne?
    Member of RACV?

    RACV members receive free motoring related legal advice.
    For more information please call (03) 9790 2190 Monday to Friday from 8.30am to 5.00pm

  • NancyCat on 10/08/2015 - 21:25
    +6

    Report to police if he continues to harrass you.

    • mjjeje on 11/08/2015 - 21:37
      +4

      Actually I asked my partner to answer the call and he stopped calling. Seems like he only harrasses woman.

  • blitz on 10/08/2015 - 22:09
    +5

    As I said the guy keeps harrassing me mainly for insurance since he is trying to get me to pay for half of the damage

    Please tell me you have an expensive car so that your insurance company can eat him for lunch.

    • mjjeje on 11/08/2015 - 21:39

      Lol! Will the insurance company chases him if he doesn't have insurance though?

      • indium on 11/08/2015 - 23:06

        Probably. Typically I think (not sure) they will cover you with a limited amount of money regardless of whether or not they get money off the driver but will then go after the driver for the total amount and then if they get the total amount they will pay you the remainder.

        Someone correct me if I'm wrong cos I have no idea. Might be worth asking your insurance company about this.

      • blitz on 12/08/2015 - 19:15

        Lol! Will the insurance company chases him if he doesn't have insurance though?

        And how.

        • Euphemistic on 12/08/2015 - 22:25

          That's what the insurance co will do. They pay to fix your car, then work out who is at fault and either get it from the other party's insurance company, or from the driver. They don't pay out of their own pockets without trying to get their money back. They have methods to extract money from uninsured drivers, eg payment plans, debt collectors, the sheriff etc.

  • Lequ83 on 10/08/2015 - 22:52

    I presume the dog didn't hang around to exchange details. But if he/she had, surely the dogs owner would have some kind of liability for not effectively controlling their animal.

    • [Deactivated] on 11/08/2015 - 03:45
      +1

      Dog owner has next to zero liability.
      The rear driver is 100% at fault.

      • snook on 11/08/2015 - 11:03
        +1

        If OP hit dog and dog damaged car, owner responsible

        • [Deactivated] on 11/08/2015 - 12:29

          But he didn't.

  • Geewhizz on 11/08/2015 - 06:19

    the guy keeps on calling me and sends me harrassing text messages (shouldn't have exchanged numbers

    By law you have to do so.

  • pjcook on 11/08/2015 - 07:57
    +1

    The police should have charged him, was it reported?

    • mjjeje on 11/08/2015 - 21:42

      Didn't report to the police since I thought since its not a hit and run and no injuries, then its not really necessary to call the police. But good thing to note if I run into this kind of people in the future.

      • terrys on 11/08/2015 - 22:43

        Report it now - and explain that he is harassing you regarding payment when he has been given insurance details. I can see a defect notice in his future at the very least…

  • backpaqer on 11/08/2015 - 08:36
    +3

    Just give him your claim number and the number of your insurance company and tell him to call them as it is out of your hands now.

  • tooblue on 11/08/2015 - 09:21
    -1

    A side question. If the OP unfortunately hit the dog and cause the accident and later the dog's owner is identified, is the owner at fault at all?

  • Euphemistic on 11/08/2015 - 09:25
    +2

    There is the not uncommon driving tip of if you have to choose between swerving to miss an animal and a head on with a truck, or wrapping yourself around a tree then hitting the animal may be the best option. Maybe this is where the following driver got the idea it is illegal. However this is not a rule, and as said plenty of times here hitting someone from behind is the driver behind's fault.

    • kima on 11/08/2015 - 11:35
      +2

      I don't even see why people think why its law to hit something. it really boggles the mind why people think that.

      of course your not legally forced to hit anything, your supposed to brake. no matter what someone else did, you are never allowed to go and hit someone else's car. so no excuses, pay up. and a decent normal person would just accept that.

      you cant see this as an animal while your driving - its an obstacle. I like dogs so I am really glad it wasn't hit, so thank you op. I am really sorry you had this happen and you have to deal with that. the guy behind you must have a hard time in life maybe he is mental so don't take it personal. you did the right thing don't second guess yourself.

      did you call the police? I would have done this especially when he kicked your car. aggression is not acceptable. if he contacts you tell him you no longer want to speak to you (due to his aggression), anything must be in writing or to contact this insurance company. don't let him stress you

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