A collision with an animal on the road can happen unexpectedly and within a few seconds. In addition to the obvious risk to human and animal life, these accidents almost always raise the same question among drivers: who is responsible for the damage caused to the vehicle and whether or not there is a right to compensation. The answer is not unique and depends on the location of the accident, the type of animal involved and the specific circumstances of the incident.
In Portugal, the law clearly distinguishes accidents that occur on motorways from those that occur on other roads. This difference is decisive in understanding whether the driver can demand compensation from third parties or whether he or she will have to assume the losses through car insurance.
Motorways: when the concessionaire may be responsible
In accidents that occur on motorways, the legal framework is more favorable to the motorist. According to the Francisco Manuel dos Santos Foundation, the vehicle owner can request financial compensation for the damage caused, as long as he can demonstrate that the accident resulted from a failure in the safety conditions of the road.
The law provides a period of three years, counting from the date of the accident, to submit a claim for compensation. This request must be made in writing, via registered letter with acknowledgment of receipt, addressed to the concessionaire responsible for the highway, describing the circumstances of the accident.
According to the same source, it is essential that the collision has been confirmed by the police authority that went to the scene, as the incident report is one of the main pieces of evidence.
The legal framework is found in article 12 of Law no. 24/2007, which imposes on the concessionaire the burden of proving that it has complied with all safety obligations. This rule does not only apply to animal accidents, but also to situations caused by objects on the road or spilled liquids that are not the result of adverse weather conditions.
What faults can be attributed to the dealership
Motorway concessionaires have the duty to guarantee adequate safe circulation conditions. This includes the installation and maintenance of fences, barriers and other protective systems designed to prevent animals from accessing the roadway.
According to the Francisco Manuel dos Santos Foundation, if it is proven that these infrastructures did not exist, were degraded or did not fulfill their function, the dealership may be held responsible for the damage caused to the vehicle.
However, not all accidents result in compensation. If the animal had accessed the road shortly before the collision, for example due to the action of third parties, or if the damage to the fences was very recent, the concessionaire may avoid liability, demonstrating that it did not have reasonable time to correct the situation.
And when the accident is not on a highway
Outside the motorways, the scenario changes significantly. On national, municipal or rural roads, there is no equivalent regime that automatically holds the road management entity responsible.
According to the Automóvel Club de Portugal, when the accident involves domestic animals, the animal owner can be held responsible, as long as negligence can be proven. Cases such as dogs or cattle running loose without supervision fall under this principle.
However, when it is not possible to identify the owner of the animal, or when wild animals are involved, responsibility is no longer attributable to third parties. In these situations, the driver will have to bear the damage, using car insurance, if the policy includes coverage for collisions with animals.
The role of car insurance
Not all policies cover animal accidents. As explained by the Automóvel Club de Portugal, only insurance that includes coverage for personal damage or specific coverage for shock, collision and rollover allows the driver to claim the insurance in these cases.
Without this additional protection, the losses are borne by the vehicle owner, even if the accident was inevitable.
Regardless of the location, it is essential to call the authorities to the scene of the accident. The police record is decisive for any future compensation claim, whether from a dealership, the animal owner or the insurance company.
Photographing the location, the damage and, whenever possible, the condition of the road can also help clarify responsibilities.
In a scenario where the law carefully distinguishes each situation, proof is often the factor that makes the difference between being compensated or being left with the bill unpaid.
In case of doubt, knowing the legal framework and insurance coverage can avoid unpleasant surprises after the shock.
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