Damage to car by a horse, rider refuses to pay!

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Has anybody had this experience or can anybody give me advice as to what to do? A horse being ridden on the road, and totally misbehaving was ridden close to my parked car. It bucked as the rider was trying to control it and in doing so caused considerable damage to my car. The rider left the scene and I had to chase up names and address etc. I do have a very sensible witness who saw the whole thing. However the rider produced a very doubtful insurance policy and also 3 so called witness statements giving a totally untrue version of events - I was supposed to be driving along, when the car was actually parked in the side of the road, with me sitting in it. There was also a character witness about me and my supposedly dreadful driving from the proprietor of a local livery yard, who I have never met and do not know what she looks like. My insurance company has decided not to pursue in view of the number of their witness statements, and my solicitor advises not to pursue livery yard proprietor for libel as she has no assets. Any advice from anyone?? I should add that I have been a horse rider for years and have done the BHS road safety course. They are a disgrace to the horse riding fraternity. I do know the rider competes in affiliated eventing.
Any advice??
 
What have you done to wind so many people up?? I mean for a random innocent victim, that's a lot of bugs coming out of the woodwork...

Sorry to be negative! I would go with your insurance company and solicitor who have both advised you it is pointless.
 
You may have trouble pursuing it if the rider does not have relevant insurance and is not admitting liability. Its a similar senario when someone drives into your parked car, drives off and lets you deal with it - so frustrating but you may have to bite the bullet and claim off your own insurance.

A similar incindent happened near the yard I was on and as far as im aware a few cars got damaged by one horse. Nothing could be done as the rider wasnt identified, although you are at an advantage there as you know the culprit. I havent been much help but hope you get this sorted out.
 
Oh god. How awful for you. It's why all riders should have public liability insurance.

If your witness is happy to make a statement, then I would be inclined to take these people to court - Do you have legal protection covered under your car insurance? Those people are committing a criminal offence by lying and making up false statements, and any good lawyer will be able to pull their false stories to pieces as they will probably not make complete sense.
If that had happened to me I would be so livid with them I'd be taking them to court just on principal. The only way I would leave it, is if the livery yard owner is of G***y origin. Is that perhaps why your solicitor thinks it's best not to pursue?
 
Lydz13 said:
What have you done to wind so many people up?? I mean for a random innocent victim, that's a lot of bugs coming out of the woodwork...
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That's a strange response! I would think the rider has called upon a few dodgy friends to lie rather than people coming out of the woodwork to slate the OPs character
 
Lydz13 said:
What have you done to wind so many people up?? I mean for a random innocent victim, that's a lot of bugs coming out of the woodwork...

Sorry to be negative! I would go with your insurance company and solicitor who have both advised you it is pointless.
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Sadly not necessarily so! Uninsured rider damages car and her friends and yard owner provide witness statements, I wonder if the rider personally knows all her "witnesses"- i expect so!

Sorry it sounds like you lose here but god how unfair!
 
No not really, I mean I'm surprised that all of a sudden that many people popped up!! Also, it would be MUCH cheaper to scout around friends and find a bodywork shop to fix on mate's rates (or mechanic)

If I was the OP and was being absolutely straight, then surely I could start digging around to find out more?? Also as my last point, anybody who can be bothered to insure their horse, usually would want to sort this out.

Sorry, but it all smells a wee bit fishy to me, from all angles.
 
McNally said:
Sadly not necessarily so! Uninsured rider damages car and her friends and yard owner provide witness statements, I wonder if the rider personally knows all her "witnesses"- i expect so!

Sorry it sounds like you lose here but god how unfair!
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Well another point here would be that if there were so many statements originating from similar sources, and it was fishy, wouldn't they have picked up on this??

I don't know. I have liability insurance, and I don't pay every month to not use if asomething like this happened, and OP said a policy was produced? How can it be dubious?? Surely either it is or isn't??
 
No legal advice to add worth anything I'm afraid, but just wanted to say that I hope you manage to get it sorted. If I were you I'd be totally livid.
 
I feel for you OP. Nobody has any morals anymore (well not many!). These people should be ashamed of themselves, but they won't be as they're too self centred!

My friend had her car dinted last year by a girl riding past. My friend had her trailer on and had pulled into the side of a lane as the rider's horse was shying. Twelve months on the girl is still trying to wriggle out of it and my friend's insurance has gone up 50% this year because of it.
 
Absolutely disgusting behaviour on the part of the rider. Seems to me as if she isn't insured and has got some helpful 'witnesses' to save her pocket.

Sadly I don't know if you will be able to have any comeback on this rider at all, personally I might be tempted to turn up with a friend where she is competing and tell your friend very very loudly that she is the rider who as well as not being able to control her horse is also a liar.

I have been involved with one incident where one of my horses kicked out (bitten by horsefly) and in doing so caught the window of a parked car and smashed the window. I left my details with the owner and then arranged for the window to be replaced - it was my fault and my public liability covered it - simples!
 
TBH it just sounds like you have been caught up in a ***** situation.
I suppose you have one of two options - claim on your insurance and take the hit on excess and loss of no claims, or take them to small claims court.

I suppose it depends on how much hassle or not you want.

Then keep fingers crossed for a good dose of Karma.
 
I have been involved with one incident where one of my horses kicked out (bitten by horsefly) and in doing so caught the window of a parked car and smashed the window. I left my details with the owner and then arranged for the window to be replaced - it was my fault and my public liability covered it - simples!
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Even when not legally obliged to pay for damage your horse causes I personally believe I am morally liable. Personal responsibility is something that seems to be in decline.

Someone damaged my car in a car park last year and didn't leave details. I claimed on my car insurance for the damage, thinking thats why I have fully comp insurance!
This year my insurance premiums have gone up 500% yep five hundred!! I phoned lots of insurance companies and all said the same thing, I am now considered to be a risk driver. 35 years of driving without even as much a parking ticket and I will have to pay through the nose for someone elses bad parking skills and lack of morals for years to come. I did manage to get the premiums down by going to another company but still 250% increase on last years premiums.
That person is so lucky I don't know who they are or I would be in prison.....livid doesn't even cover it.
 
I would go through the small claims and being the loud mouth in your face type i would be up the yard facing up to them all. with a little tape recorder in pocket for the handly lies people always come out with when flustered or confronted
 
Lydz13 said:
What have you done to wind so many people up?? I mean for a random innocent victim, that's a lot of bugs coming out of the woodwork...

Sorry to be negative! I would go with your insurance company and solicitor who have both advised you it is pointless.
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That is completely out of order! Serves you right if something similarly awful happens to you and you get ripped of because it will be your fault for being in the wrong place at the wrong time!

Sorry OP, not sure what to advise. Can you tell the police? Hope you get it sorted.
 
OP - do you have legal cover on your house insurance? sometimes its an option, sometimes its included and that could be a course of action.

I have been on the receiving end of a pack of lies and dug my heels in. In my case said person had a highly litigious reputation but I went back against her with my own character statements, proof of riding ability etc and it finally went my way so not in favour of giving in straight away.

So, why don't you write down questions to ask your solicitor and then think about the next course of action.

1. Insurance - you have been claim free for x years
2. Horses - you are a rider, have your road and safety, can provide x no of witness statements to the effect that you are a careful and competant rider
3. Ask if you can formally "deny" the statement of the livery yard owner who does not know you
4. Then I would consider how much weight the other false statements give against you.

If nothing else you could at the very least put the wind up said rider and possibly get a knock for knock basis. Could somebody clarify the law here though about 3rd party liability? I thought this WAS mandatory and if I didn't have insurance but MY horse caused damage, whether directly or indirectly (i.e someone else letting it out), I would be personally liable for all the damages. Its primarily for this reason that my old mare still has insurance.
 
If she's an affiliated eventer I'd ring the governing body and see if their riders have any insurance through the affiliation costs.

Nothing like a bit of embarrassment if nothing else.

Good luck OP it just reiterates how shocking some people in horses are.
 
BonneMaman said:
That is completely out of order! Serves you right if something similarly awful happens to you and you get ripped of because it will be your fault for being in the wrong place at the wrong time!

Sorry OP, not sure what to advise. Can you tell the police? Hope you get it sorted.
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Ooopsss...

I think you're out of order, it is after all my opinion, if you don't like it don't pay attention!

As for wrong place wrong time, I can assure you it HAS happened before, and WILL happen again no doubt. Sometimes life stinks. Fact.

May I remind you that you are only hearing one side of the story???
 
If the rider is a member of BE she will have public liability insurance as a members benefit and you should be able to claim on that.

I had an accident a few years ago where a lorry driver went in the back of me. Due to his lies it took 2 years to sort out, and my solicitor told me that costs amounted to about 10 times what I received in compensation.

After it was settled I contacted the company he worked for and they told me he had been sacked after the accident, as a direct result of his behaviour. Why then did the insurance company continue to deny responsibility and run up a huge bill, which ultimately will be passed on in premiums.
 
Lydz13 said:
Ooopsss...

I think you're out of order, it is after all my opinion, if you don't like it don't pay attention!

As for wrong place wrong time, I can assure you it HAS happened before, and WILL happen again no doubt. Sometimes life stinks. Fact.

May I remind you that you are only hearing one side of the story???
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Wow to the above. Lydz13 - are you involved in the incident or have a friend that is? I find it hard to believe that you would get this wound up if you were just giving your opinion!
 
All her 'witness' statements do not detract from the fact her horse kicked your car. Have you spoken to your car insurers?
I would send her a letter with 3 quotes for the repairs, recorded delivery suggesting that if it is not settled within 14 days (?) you will going to the small claims court. I think any half decent judge will see through all the b********.
Do you have photos of the car immediately after the incident? and pics of the damage, and could the damage have happened if the car had been moving?
 
Lydz13 said:
What have you done to wind so many people up?? I mean for a random innocent victim, that's a lot of bugs coming out of the woodwork...

Sorry to be negative! I would go with your insurance company and solicitor who have both advised you it is pointless.
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GRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
 
amymay said:
I'd go through the small claims court to recoup your costs, personally.
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Can I just ask why you always advise people to take this route?
I brought a claim for £3.2k a couple of years ago for a business debt, I won judgement straight away, it took 2 and a half years and nearly £1200 to actually get paid out, and it really wasn't worth the hassle in the end (had I known it at the time I would have just gone and beat the crap out of the guy and saved myself the agro).
Small claims and CCJs aren't worth a toss.
 
KerslakeEquestrian said:
Wow to the above. Lydz13 - are you involved in the incident or have a friend that is? I find it hard to believe that you would get this wound up if you were just giving your opinion!
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LOL no not at all. I find it hard to believe (and very offensive) someone would think it's ok to wish that on someone else!! I certainly did not wish it on the OP!!

All I am saying, which seems to have been overlooked, is it's one side of the story and the OP has been told by both insurance and solicitor it is not worth persuing! I think, if what the OP is saying is true, that it's incredibly sad, selfish and probably quite common that someone would knowingly walk away. However, there isn't a lot they can do is there???

I beg your pardon all for having a difference of opinion... I think there are other threads on that sort of thing so I shall gracefully bow out!
 
What dreadful behaviour! I suspect she has no insurance and no ability to pay for the damage her horse caused. I know it is hard but maybe it will be better to walk away than to try to pursue her. It just wouldn't be worth the stress and the hassle. If you do proceed I'd guess the small claims court would be the way to go.
 
Put pressure on your (car) insurance to do their job - part of what we pay for is for them to fight on our behalf if there is a claim, not just roll over and pay up! Which they will do if they are let as it costs both time and money to pursue a claim especially in circumstances like this. I would be wary of the small claims court as as somebody said, getting a judgement is one thing but actually get the cash from a private individual is another...

I had a car broadside my car a few years ago - he moved into the overtaking lane without looking - and it took nearly 2 years for it to be resolved in my favour but it was, despite his lies (he tried to say I rearended him, yeah right, that's how the passenger door was written off :rolleyes:) but the other Ins Co only settled when a date was set for court. The point was that my insurance wanted to settle 50:50 but I kicked up such a fuss that they very reluctantly sent the case to the lawyers. My car was repaired immediately after the crash and they refunded the excess plus the extra premiums that I had paid at the time of settlement.

As far as the rider is concerned, even if she has PL ins through BE it probably has an excess of £1K (as does BHS Gold btw) but that isn't your problem.
I would get your witness statement, any other statements/proof that would refute their statements and send them to your Ins Co with a strongly worded request that they start to deal with the matter or you will make a formal complaint - by doing this it will allow you to take it to the Insurance Ombudsman if they don't at least make a good effort to recover your loss. It costs a lot of money for an Ins Co to defend an Ombudsman complaint as they have to pay the costs and they could be fined (a lot) if they are found at fault so they will try and avoid that happening.

If Ms Eventer starts getting solictors letters through the post it will possibly concentrate her mind and that of her 'witnesses' of the consequences of having to stand up and lie under oath in court...she may find that she no longer has the witnesses and even better, you are not paying the legal fees in the meantime.

Bitch - Moi??;)
 
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