Cat or dog run over? - What you should do now

Nobody really wants road accidents involving pets. But the fact that there are 14.7 million cats and 10.1 million dogs at home in Germany alone makes it clear that these accidents do happen and pose particular challenges for those involved.

Several questions arise for the unfortunate driver in this moment of shock: Am I committing a hit-and-run if I don't stop and help the animal? Does the owner of the animal have a claim against me and who has to pay for the damage to my vehicle?

In this guide, we provide you with answers to precisely these questions and show you how you should best react in the event of an accident involving a pet.

Do you have to stop in the event of an accident involving a dog or cat?

In principle, there is no obligation to stop in the event of an accident involving a pet.

However, for the sake of animal welfare and the pet's owner, we recommend that you stop and check whether the animal is already dead or just injured.
If the animal is only injured, there is still a chance of saving it. You can then contact the animal emergency service or take the injured animal to the vet.
If you are lucky, there may be evidence of the owner on the collar. Cats are also often labelled with a number in the ear, which the vet can use to find the owner.

Note: If you have hit a pet, please also think of the pet's owner. Beloved four-legged friends often count as another member of the family. Not knowing what happened to your pet is a nightmare come true.

What should you do after an accident involving a pet?

1. Keep calm and stop near the scene of the accident. Do not brake abruptly. This could endanger both you and other road users.
2. Switch on the hazard warning lights and put on your high-visibility waistcoat. You should then set up your warning triangle. If the road is very busy, do not get out of the car and call the police instead.
3. Do not touch the injured animal with your bare hands. It could fight back and injure you or even transmit diseases.
4. If the animal is injured, call the animal emergency service or take the animal to the nearest vet. Be careful not to transport the animal without a suitable crate or basket.
5. Under no circumstances should you "release" the animal from its suffering. Only a vet may make this decision.
6. Our tip: Be sure to follow the steps described. If the animal has to suffer unnecessarily, you may be accused of cruelty to animals, which could result in a hefty fine.

When should the police be called?

In principle, there is no obligation to report a pet accident and you do not have to contact the police. The police should only be called to accidents involving animals if

• People were injured as a result of the accident,
• A wild animal was run over instead of a pet,
• The dead animal poses a danger to other road users or you cannot pull it away from the carriageway,
• you cannot look after the injured animal yourself,
• Or the owner of the pet needs to be identified so that claims for compensation can be made.

Is it a hit-and-run offence to drive on without helping the animal?

Even if this may sound strange, animals are considered "things" in the legal sense. A hedgehog that nobody keeps as a pet is even an "ownerless object". This means that you cannot commit a hit-and-run offence if you run over this hedgehog. 

With pets, however, things are a little different. Although a cat is also a "thing", it is not ownerless if it is a pet. At first glance, however, you cannot see whether the cat belongs to someone. It is therefore best to pull over and contact the police. You might think that it is a hit-and-run offence if you damage or - in the case of running over - destroy someone else's "property" (in this case: the pet). However, this is not the case. Since pets have an owner, it is their responsibility to ensure that their pets do not pose a danger to others. Therefore, in the event of an accident, they are not entitled to compensation from you. 

So you are not committing a hit-and-run offence if you hit a hedgehog or cat and drive on, but you could be charged with cruelty to animals by a witness to the accident if you leave the animal you hit to fend for itself. 

The offence of hit and run is regulated in Section 142 of the German Criminal Code (StGB). You can find out more about this topic here.

Who is liable for damage to the vehicle caused by a pet accident?

If a road accident is caused by a pet, the so-called "strict liability" of the owner of the pet applies in accordance with Section 833 of the German Civil Code (BGB). The pet owner must then pay for the damage caused. 

In theory, this sounds very simple, but in practice it must be possible to identify the owner of the animal in order to enforce the claim. This is not possible with a stray dog, for example.

Our tipCall the police in the event of personal injury or damage to property and take photos of the scene of the accident and, if possible, of the animal itself. Look for relevant marks on the owner of the animal. If no external evidence can be found, there is still a chance that the animal is "chipped", i.e. has an RFID transponder under its fur, the standard place for this is the left side of the neck. These tags, which are about the size of a grain of rice, can be read by vets, customs and the police using appropriate readers and regularly provide information on who the animal belongs to.
Alternatively, asking local residents often leads to the owner you are looking for.

NoteIf you brake sharply because of a pet on the road and this results in a rear-end collision, insurance companies often do not pay. This can be expensive. Insurance companies differentiate between braking because of a pet or a wild animal. In the case of pets and small animals such as hedgehogs, it is often argued that road safety is more important than the safety of the small animal. This is different in the case of a wild animal accident, as a collision with a wild boar or deer has serious dangers and can seriously injure you as a driver.

The right steps for fair claims settlement

Has a cat run in front of your car and damaged your vehicle? We can help you. Our network of specialists will take care of the entire claims process. All doors are now open for an uncomplicated and correct claims settlement.

An overview of the tried-and-tested process:

• You report the accident to us risk-free and free of charge by telephone on 0800 30 111 60 or even faster online.
• Our competent team will examine your case immediately and explain how to proceed.
• Claims settlement is initiated and your claims are settled competently and personally for you 

The licensed specialists from the faire-Regulierung network handle the tasks involved and take care of your claims for compensation in a digital, time-saving and friendly manner.