hacking incident - am i accountable?

[Emilieu]

Well, the week from hell continues! Tonight I took Deano for a short hack, just to stretch his legs. As we headed home (on a quiet country road) a car pulled out of the yard near us and came towards us at speed. Deano is great with traffic but the road is extremely narrow so I indicated quite frantically for her to slow down. She didn't, and tried to skim past us. The next thing I heard a huge THUNK. I thought she had hit him so my first feeling was relief when I realised that he had kicked out as she passed. However there is now a sizable dent in the side of her car which she is trying to claim for through my insurance. Has anyone experienced anything like this before and how did it turn out? Am I really liable? Can't think of anything I could have done differently to prevent it (needless to say both he and I were decked out in high viz).
Deano thank god seems fine - calm and sound although I will trot him up again first thing. He passed another car (which did slow down as requested) a few minutes later with no fuss so hopefully he won't now be scared of them.
Roll on Saturday and the new yard with its lovely off road hacking.
Thanks for reading and please have some of my wine before I down the lot!

 

[Batgirl]

I would speak to your insurance or BHS helpline if you are a member, I would say no as her refusal to slow down or pass wide and slow was at fault (however I am not a legal expert! )

 

[dressagelove]

What a silly moo! I wouldn't have thought you would be liable, but I will let others more in the know answer. Surely her insurance should cover it? She didn't slow down, so make sure you tell the insurance that!

 

[Caol Ila]

That sucks, dude. Sorry to hear it. At least you and Deano are okay, but what a b***ch.

I don't know the answer. I guess your insurance company has lawyers that sort this stuff out -- at least I hope.

 

[Jesstickle]

If she didn't slow, and especially if you used correct arm signals to ask her to, then no. It's her fault. Or I would very strongly argue it was anyway.

Why on earth would anyone not slow down when specifically asked? It's part of learning to drive FGS!!

ETS: I'm pretty sure your insurance company will be argue quite vehemently on your behalf. Did anyone see it?

 

[Honey08]

I would let your insurance companies sort it out - she ought to be at fault as she was speeding and ignoring your signals... Good luck, glad he is alright.

 

[muffinino]

Glad to hear you're both ok, what an idiot she is. I'd tell her to **** herself and thank her lucky stars I didn't dent her, too! Does she have your details? I'm no solicitor or insurance advisor, so please cecck this out with someone who is, but I guess it would be down to her to prove you were the cause of the accident. Do you have her details? Report her to the police for dangerous driving.

 

[HBM1]

Even kicking a car moving at speed could have seriously injured him, what a selfish woman. I would think as she was close enough to be kicked, then she was in the wrong for driving without due care and attention. Definitely speak to your insurance company, I am sure they will help you.

 

[irishdraft]

Yes I had exactly the same thing with a young horse, car came too close, horse bucked/kicked out at the car = dent in the wing & door. i was accused of causing the accident but had a witness who was riding with me, anyways details were passed to BHS with whom I have 3rd party liabilty ins and I never heard anymore about it, so whether the BHS paid out i dont know but I have reinsured this year with no problem.

 

[Emilieu]

Yeah I will need to phone insurance first thing - they are closed just now and i'm all het up!
She told me to get my details for her ASAP as she was already running late which I think explains the not slowing down. She also works on a yard so you really would expect her to be extra considerate! Bah.
I can assure you I was muttering worse than silly mop at her.
Hope to god Deano is really ok. I've been back to check him twice and he seems ok but worried leg will balloon over night

 

[Goldenstar]

As the others have said you ought to just refer it staight to your insurance company and let them deal with it.
You dont have to be negligent to be held responsible for damage your horse has caused.

 

[albeg]

Check the rules of the road. Over here it specifies that if someone in charge of an animal gives you a signal to slow down or stop, then you must do so.

I would say that as she didn't slow down, she's at fault, but that's just an opinion. I'd be inclined to report the incident.

 

[muffinino]

Ah yes, BHS if you're a member, they'll talk it through with you. They'll also take details of the accident and add them to the records of these indidents (fairly sure they're still doing this). May be worth giving them a ring tomorrow and reporting it, regardless.

 

[Magicmillbrook]

I would tell her you are going to report her to the police for driving without care and attention, then leave it to the insurance companies.

 

[Emilieu]

Oh thanks - more replies since I posted! She has my details and phoned to say she had reported it to the police herself, but when I went down they had no record of the incident? Anyways they said it was a civil matter but in order to get kicked she couldn't possibly have been passing wide and slow as is advised.

 

[muffinino]

I think it is necessary to report it to the police - the OP could have seriously injured or her horse or worse, she may not be here to tell the tale

 

[Emilieu]

I'm not a BHS member

 

[zaminda]

I notice you say she pulled out of a yard near you, does that mean said woman is horsey?
Having been in an accident in our lorry, we were told that you have to do everything in your power to avoid an accident. She didn't, so go to your insurance company. If the woman starts making noises she wants you to pay directly, then she is defiinatly trying it on. Make sure it goes through your insurance.

 

[Grumpymoo]

Oh you poor thing this is all you need at the moment. What a horrible bit*h sending you hugs and more wine!

 

[muffinino]

Dangerous driving is not a civil matter. Don't let the police fob you off, tell them that's what you wish to report, because that's what it is. Ask them to explain in detail, preferably a manager, if they insist it is civil (again, am not a solicitor, but this was dangerous driving IMO). It sounds as if she has realised her mistake and is now trying to scare you by claiming it was your fault and claiming to have reported it.

 

[Emilieu]

Zaminda she works on the other yard!
Thanks grumpymoo. All wine gratefully received, just pour it straight down my throat

 

[Bluepegasus2802]

It's completely her own fault for not slowing down and giving you room, especially when you signalled for her to slow down. I would be reporting it to the police too.

 

[Emilieu]

Thanks muffinino. I was too worried about Deano to get the proper details of her car or to think it all through properly, my friend is a police sergeant so I will phone her for her advice in the morning when I'm a bit calmer x

 

[muffinino]

Do you have insurance? If not, it is worth joining the BHS if necessary as they can advise you. If you don't have 3rd party insurance on your horse, please get some ASAP - the recommended amount is a minimum of £3million. As someone else said, you can be liable for your horse's action even if you're not negligent e.g. If someone releases your horse from the field for no reason and thy damage something.

 

[zaminda]

If she works on the other yard, then in court she won't be able to say she didn't know she should slow down. I strongly suggest that you contact your insurance company, then go round and get her details, making sure she has reported it. If you had been in a car, how exactly would she have got round you, as you would have been considerably wider!!

 

[Como]

Similar happened to me, but my horse didn't kick out but was hit by car which was speeding and then slid to a halt when it saw me and horse around a the corner. Luckily no damage to horse. They tried to claim on their insurance for damage to their car! It was reported to police but they tried it on through their insurers. Insurance co.s were left to deal with it and it was thrown out in the end. Horrible to deal with, but you are not at fault and log with police.

 

[Carefreegirl]

I'd go back to the police and ask for a reference number for your report then give it to her - that should shut her up.

I think you'll probably find it's up to you to prove she was going to fast and for her to prove she wasn't. Bit of a 'knock for knock' situation. Not fair but with the lack of witnesses you may struggle.

Glad Deano is ok and if all else fails go and shove some fresh Deano poo up her exhaust



If she works on the next yard I take it she has a Boss you could report her too ?

 

[Emilieu]

Yes he is insured including third party, not sure of the amount tho. Jesstickle I just noticed your edit - no one saw although the other girls on my yard heard her shouting that she was in a rush. Actually another girl had a barney with her last week about driving too fast on the same road - that time it was the other girl's car that was nearly hit coming around a bend.

 

[muffinino]

No problem, not saying my advise is exactly correct, mind, but I ca't see how this is anything but dangerous driving. The police seem to think anything to do with horses is civil, for some reason :/

I'm not surprised you're shaken, it's a horrible feeling when you see a car coming and there's nothing you can do. A couple of years ago I had a van swing out and miss my horse's shoulder by inches when it was my right of way twice over - I dared him to get out of the van and took a photo of it in case i needed the reg. I was shaking all the way home, I have rarely been that angry, I was so frightened in that moment.

 

[muffinino]

That's not the only road incident I've had but possibly the one where I reacted so angrily that the guy stopped the van and looked as if he was thinking about saying something - until he saw the banshee I had become!

Ah cool, good to hear you've got third party, just wanted to check as I know some people still don't.

Knowing she's horsey makes it so much worse! Could you have a word with her boss or send the police around to the yard to speak with her?