My wagon killed my neighbors calf ??.. half loaded gravity Wagon was left in my neighbors cattle loafing shed since early December ... I rent his grain bin ,anyway a 300 lbs steer decided to jump forward over the front axle,which was 4 foot away from any wall , probably horsing around with others, who knows about animals ,, his backlegs went between the tie rod and the front bolster ,,his stomach was pinched down from the hi flotation tire ,,found him with his head down tailend in air DEAD,,. wonder if my farm insurance will pay for his calf?,, or his farm insurance ,, I will call agent in the am ,rite now he is plenty pizt , his wifes sister just died from a botched surgery yesterday , everyone was at hospital thinking all the cows were fine for some 30 hours ,, he claims I am liable ,, and I think it is CAPITOL bad luck ,,but I want to stay neighbors so I guess I will pay for a calf.... what say you fellas?
- Thread starter 01gentdc
- Start date
Phil9N3667
Well-known Member
I'd say go ahead and pay it off. Might save your insurance going up. I don't have a clue what price to put on it, but staying good neighbors would be worth it to me!! Talk about bad luck.
01gentdc,
I would go with him to the sale barn, let him pick out a 300lb calf buy it then no loss to him.
Can't be more than $1 a lb. live weight.
But a claim is a claim and your deductible may be more than the calf costs, they may even say he is partly at fault.
If there is wiggle room not to pay. they will take it and you made a claim.
I would go with him to the sale barn, let him pick out a 300lb calf buy it then no loss to him.
Can't be more than $1 a lb. live weight.
But a claim is a claim and your deductible may be more than the calf costs, they may even say he is partly at fault.
If there is wiggle room not to pay. they will take it and you made a claim.
accumulator
Member
A 300# calf around here is selling for $5+ a pound.
01gentdc:
The most I would do is maybe split the value of the calf. The calf did die because your wagon was there but the calf might have died anyway some where else.
Lesson for you to learn NEVER leave your equipment around some one else's livestock.
I can't see leaving a half a wagon load of corn set in a neighbors shed since early December. If your feeding corn then you should have had it fed up by now. If your just storing corn then I would have just sold it at a local market before I ever put it in the shed.
I would not try the insurance route on this.
Either pay it out of your pocket or tell your neighbor his cattle are his problem.
The most I would do is maybe split the value of the calf. The calf did die because your wagon was there but the calf might have died anyway some where else.
Lesson for you to learn NEVER leave your equipment around some one else's livestock.
I can't see leaving a half a wagon load of corn set in a neighbors shed since early December. If your feeding corn then you should have had it fed up by now. If your just storing corn then I would have just sold it at a local market before I ever put it in the shed.
I would not try the insurance route on this.
Either pay it out of your pocket or tell your neighbor his cattle are his problem.
Your wagon and his barn. If it was not there for a specific benefit to his calves. I guess if it was me I would buy him a calf.
I never thought I would ever live to see calf, feeder, and fats this high. For the sake of the beef guys I hope the ball keeps rolling for awhile.
I never thought I would ever live to see calf, feeder, and fats this high. For the sake of the beef guys I hope the ball keeps rolling for awhile.
Super Steve
Member
im trying to figure out why someone would GIVE a calf somewhere else to get stuck. They find enough dumb places on there own, mangers, fences, gates, trees. you name it, they can find a way to get stuck in it. I NEVER leave equipment in an area that cows/calves have access to.
Michael V (NM)
Member
TomR Ont , you haven't bought any livestock lately have you
Doubt insurance would even cover it. Came home in December to find our registered angus bull sitting on his back legs, front legs out in front of him, sitting just like a dog, but stone dead. Insurance said if we could prove beyond a doubt it was struck by lightening, they would send an adjuster. Otherwise, no pay out would be considered. Not likely it was lightening in MN in December.
Boy, bad luck for sure, but I guess if I was in your place I'd be writing a check or replacing a calf, owners preference.
Boy, bad luck for sure, but I guess if I was in your place I'd be writing a check or replacing a calf, owners preference.
fixerupper
Well-known Member
All I can think about is the botched surgery. We lost our daughter that way. Believe me, the family is hurting big time and feeling very violated and abused. They feel like the weight of the whole world is on their shoulders. It's a big mixed bag of emotions going on. I'd try to make sure they get a new calf at no expense or bother to them. They've already been stabbed, why twist the knife? Jim
Chris Jones
Member
Just went through an incredibly similar incident (neighbor's wife was in hospital when happened and died like a day after the incident). Report it to your insurance company and make sure you let your neighbor know you did so. Don't admit fault. If your insurance company thinks they are not liable believe me they will tell him. You and I both know they will not pay a dime they don't have to!
In my case we both had the same ins co. My agent said it should be his policy but the adjuster would be the one to make the decision. I will say this, and I know it was a stressful time for him so I'll cut him a break, the ins co apparently didn't call him fast enough for him because a couple days after I reported it (and I told him I did) he rang my door bell told me they hadn't paid him and said, "there are other ways to take care of the problem"--not sure his intentions but... I called the ins co again, reported the incident and asked that my agent call him immediately and explain what was going on.
A few weeks later he saw me out at the road and stopped--didn't call the incident just said hi and something about going to his wife's grave site. I never asked who's policy paid out--not sure I want to know--that's why I have ins.
In my case we both had the same ins co. My agent said it should be his policy but the adjuster would be the one to make the decision. I will say this, and I know it was a stressful time for him so I'll cut him a break, the ins co apparently didn't call him fast enough for him because a couple days after I reported it (and I told him I did) he rang my door bell told me they hadn't paid him and said, "there are other ways to take care of the problem"--not sure his intentions but... I called the ins co again, reported the incident and asked that my agent call him immediately and explain what was going on.
A few weeks later he saw me out at the road and stopped--didn't call the incident just said hi and something about going to his wife's grave site. I never asked who's policy paid out--not sure I want to know--that's why I have ins.
Hum! So your wagon has been in the same spot since December and all of a sudden it killed his calf. Your wagon never moved and he thinks it killed his calf. I would get the wagon out of there, get the grain out of his bin. Pay for the calf and then keep everything on my side of the road from now on. His way of thinking would make me want to keep a 60 ft. road right-of-way between us.
Traditional Farmer
Well-known Member
- Location
- Virginia
Cattle do stupid stuff for sure but since you weren't renting the shed space just using it for free I say you're on the hook for the calf.
john in la
Well-known Member
If I was on the jury I would want to know exactly why your wagon was in his barn.
You rented the spot?
You were using it as a free dry area because the bin you rent from him was to small?
You just figured you would get to it later?
You rented the spot?
You were using it as a free dry area because the bin you rent from him was to small?
You just figured you would get to it later?
GeneMO
Well-known Member
- Location
- Pilot Grove, Mo.
His calf, His property, His problem. You "renting"his bin, or having your gravity box there does not consitiute your problem.
This type of claim is not covered by insurance anyway. Animal Mortaility is covered under a special policy.
Livestock is covered under a livestock owners policy for lightning, theft, and drowning. That is about it. There may be coverage for dogs if they are not his own dogs.
This calf getting tangled up on the owners property, when you had permission to store the gravity box there, is 100% not your problem. And it is 100% not covered under his policy. It just happened. Deal with it.
Gene
This type of claim is not covered by insurance anyway. Animal Mortaility is covered under a special policy.
Livestock is covered under a livestock owners policy for lightning, theft, and drowning. That is about it. There may be coverage for dogs if they are not his own dogs.
This calf getting tangled up on the owners property, when you had permission to store the gravity box there, is 100% not your problem. And it is 100% not covered under his policy. It just happened. Deal with it.
Gene
GeneMO
Well-known Member
- Location
- Pilot Grove, Mo.
I am totally in agreement with your way of thinking.
Gene
Yea, good luck on $1 a lb calves......
As to the calf..... Huh? Insurance? What was the calf doing by a piece of machinery? Owner needs to watch and take care of the animal and keep it away from hazards.
Now if you were pulling the wagon somewhere and drove over his calf, then.....
But like this? Sure wouldn't want him as a neighbor. I'd talk quietly because of the family troubles, but he'd get a piece of my mind and nothing else from me on his negligence of his own animals.
Or I am missing some piece to this puzzle, I don't get it?
Paul
As to the calf..... Huh? Insurance? What was the calf doing by a piece of machinery? Owner needs to watch and take care of the animal and keep it away from hazards.
Now if you were pulling the wagon somewhere and drove over his calf, then.....
But like this? Sure wouldn't want him as a neighbor. I'd talk quietly because of the family troubles, but he'd get a piece of my mind and nothing else from me on his negligence of his own animals.
Or I am missing some piece to this puzzle, I don't get it?
Paul
Eldon (WA)
Well-known Member
Agree to pay for half, as it was your wagon but his calf. You could say he should have put a panel around your wagon if he was letting cattle use the shed. What would he have done if the shed fell on your wagon? I think you need to share the blame....plus he gets the tax write-off, right??
Pair-a-dice farm
Well-known Member
I really can't think why it would be your responsibility but who knows now days. I guess if it was me and I wanted to stay good neighbors then I would pay for the calf. But I would tactfully let him know that I was doing it so we could still remain friendly. A 300# calf will set you back $12-1300 around here.
I know his mind ain't in the right place right now, and I just can't figure how it'd be your fault. Last bull calf my parents shipped was roughly 100 lbs, and brought over $5/ lb. You do the math.
Market is coming down a little bit, top dollar is around $4.30/lb for a bull calf. The trucker said Mom really has nice, clean looking calves and it shows when she is in the "some higher" every time I check the market reports online from the auction house.
Donovan from Wisconsin
Market is coming down a little bit, top dollar is around $4.30/lb for a bull calf. The trucker said Mom really has nice, clean looking calves and it shows when she is in the "some higher" every time I check the market reports online from the auction house.
Donovan from Wisconsin
My Self I would pay for the Calf my self if the insurance company get's funny when you talk to them.Right now they have a Large Family Problem & this just made things worse.I would get the Wagon off his farm as soon as the insurance looks or Refuses to pay [take photo's of where it happened ]Don't ever leave any equipment there again [long term ]while you are renting from them .Hope Thing's get better [The wifes sister's passing will take some time to get over & the Calf's death will soon be an after thought.
If he raised the calf the only tax write off is the cost of raising
the calf until it died, for a not yet weaned calf this would largely
amount to only the cost of keeping his mother for a year plus
depreciation on his mother, both deductions he would get
anyway. If he bought the calf he can show a loss on the sale
but by no stretch of the imagination would the resultant tax
savings pay for the animal.
the calf until it died, for a not yet weaned calf this would largely
amount to only the cost of keeping his mother for a year plus
depreciation on his mother, both deductions he would get
anyway. If he bought the calf he can show a loss on the sale
but by no stretch of the imagination would the resultant tax
savings pay for the animal.
Having read many replies, I keep coming back to this line... You want to stay neighbors (and it appears ya'll have a good working friendship)
I think I would be taking a dish (crockpot, casserole, etc.) over and expressing my condolences about the sister in law. Offering to help with the chores wouldn't hurt too.
Get plenty of pictures of the wagon/calf situation and offer to bury it while he takes care of the family situation, and tell him ya'll will figure out settling up after things have calmed down little the wifes side. It's going to be hard conversation to have from all the other advice I see... and it isn't the kind of conversation that will go well at the stage he's at now with his wife's sister passing. He's hurt... and there's a lot going on that will cause him to think differently than normal.
My 2 cents... the friendship is way more important than the calf.
I don't see where the calf is your responsibility in any way. It was his shed, his calf.... his problem. He didn't see a problem with having the wagon in there until something had happened... and now he's blaming you. Regardless, this is one of those times where you should probably decide what it's worth to have a decent relationship with this neighbor. It might be worth more than the price of a 300# calf.... so probably worth buying the calf... then get your stuff off his property so you don't get hung for the next problem that comes along... because there will be more and you will get blamed. And leave the insurance company out of it. No good will come from that.
Rod
Rod
I can't see any, or little, liability on your part for his calf's death. His calf on his property that got killed, accidentally, by its own actions on equipment that he was letting you park there. If you make him sue you the insurance company will deal with it (on your farm liability... you do have that, right?). They will probably negotiate a settlement or just pay him off to get rid of it. Given the additional costs and hassles all this entails you might try to split the cost with him at best. Otherwise, I can't see an attorney filing a suit for this small an amount and might advise a reasonable settlement with you anyway.
Just for reference, this cattle auction place in McMinnville, TN has the following prices listed for recent auctions. Looks to me to be about a dollar a pound.
http://www.warrencountylivestock.net/
Could be more where you live. This is closest to me.
Pooh Bear
http://www.warrencountylivestock.net/
Could be more where you live. This is closest to me.
Pooh Bear
GeneMO
Well-known Member
- Location
- Pilot Grove, Mo.
(quoted from post at 18:37:17 01/20/15) Just for reference, this cattle auction place in McMinnville, TN has the following prices listed for recent auctions. Looks to me to be about a dollar a pound.
http://www.warrencountylivestock.net/
Could be more where you live. This is closest to me.
Pooh Bear
$$'s per cwt
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