Pearlsasinger
Up in the clouds
Having been exposed to the unfortunate situation of having to make a claim on BHS public liability insurance after previous horse spooked and bolted through a village I now know an awful lot about the process and its not good news im afraid. In order for the person/property your horse has damaged, to be recompensed, you must be found negligent. I wasnt as my horse was tethered properly and I was a few metres away, it was an unforseeable event so the insurance wouldnt pay the chap whose car got clipped. If I had left my horse untethered in the street whilst I got drunk I would have been found negligent and the insurance would have paid out. Its weird but I suppose if you think about he scenario of two cars having an accident, one party is always at fault (negligent) in some way, which determines whose insurance pays out. The large majority of events I can think of where horses may cause damage wont involve negligence in a lot of cases ie you fall off and it bolts causing an RTA or escape out of a seemingly secure paddock etc. I built up a large file of information and evidence of past case history etc with help from an industy expert, not because my claim was large, it was relatively minor really, I just couldnt take it in that what we all think is there to protect us really isnt. It all left me feeling rather exposed....
But if you were not at fault, or negligent, no insurance company would have paid the car owner, because if he had taken you to court, the court would not have found in his favour. You were not exposed.