Who's at fault for a moose-vehicle collision? It could be you

After a rash of moose-vehicle collisions in parts of the province and an increase in moose sightings during these summer months, hitting a moose might seem almost inevitable, especially considering the speed and pace at which an accidentcan happen.

But a personal injury lawyer in St. John's warns that the driver of the vehicle can be considered at fault for a collision.

"The question is whether or not the driver of the car which hit the moose did something which came below the standard which is required of any driver," Brad Wicks, a lawyer with Roebothan McKay Marshall, told CBC News.

Wicks said that could include people driving in foggy conditions or going too fast.

"They could have chosen not to drive, they could have driven more slowly, they could have kept a better lookout," he said. "It really becomes a question of what was possible and what could be or could not be negligence."

Under provincial law, said Wicks, moose accidents are covered by the law of negligence.

He said he has seen passengers who have been inmoose-vehicle accidents come into his office tomake a claim or filea lawsuit against the driver,sometimes a relative or even a spouse. If the driver is found negligent the passenger has a right to make a claim for damages or for injuries.

Rates could go up

Wicks said if a driver is found at fault, their insurance rates could go up, and if there is more than one accident, an insurance company could decline further coverage, which would force a driver tofind another provider.

Amanda Dean, vice-president of the Atlantic Insurance Bureau, said a moose-collision claim can be placed under the comprehensive portion of a policy, which is a non-chargeable claim.

• Rash of moose-vehicle collisions in Whitbourne area prompts police warning

• 'You don't have a chance': Dashcam footage shows scary reality of moose collisions

However, some insurers might place it under collision coverage.

"That might be one question consumers could ask of their insurer. Which part of the policy responded in that event," she said.

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