What to do in case of damage caused by wild boar on private property or a garden? Can the owner turn to an insurance company to consider compensation claims? The case is not so certain. Because wild animals are considered “res nullius” by law, states Philippe Chesnais, insurance company in Saint-Brieuc. It is clear that they belong to no one and are masterless. In other words, without legal responsibility, as a starting point.
“We must then distinguish between two types of damage”, adds Philippe Chesnais. “Those caused on vehicles and those related to green areas”.
For motor vehicles on land, “you must now be insured against all risks”, states the expert. For a driver who hits a wild boar, for example, “his insurance may cover the repair costs on the terms provided by his insurance policy, with or without the application of a deductible”. But done with the guarantee fund for third-party insured persons.
Only for agricultural land
For lawns, fences, walls, etc., the Hunting Act of 26 July 2000 together with the Environment Act. And compensation is provided “only to persons who contribute to the Mutualité Sociale Agricole and for damage to agricultural crops”.
“In this case, it is advisable to contact the local hunting association”, explains Philippe Chesnais. “A person cannot claim compensation under the law. However, he can contact his insurance company to check any clauses regarding his home insurance contract. But it will certainly be a risk that is not guaranteed or, unfortunately, provided for in the exceptions to the general and specific terms of said contract”.