hacking incident - am i accountable?

She is certainly at fault from a moral perspective, especially as she works on a yard and thus has an understanding of horses and will be very aware of how utterly selfish and risky her behaviour in that situation was. However, you may find that your insurance companies cook up some mutal or no fault crap deal between them, so be prepared for that-you may then need to decide if its worth fighting over.
 
I think because of the lack of witnesses the police won't really be able to do anything. Just my gut feeling tho, not been involved in anything like this before thank goodness. I hate riding on the road, drivers can be so thoughtless at times - Deano is usually fine with anything tho, he has never ever reacted like that which makes me worry that she brushed him to cause him to kick out.
Deano poo is a good idea - especially as I'm moving from the area anyway! :D
 
A friend's pony was hit by a van a couple of weeks ago and the police were called. As no-one or the horse were hurt it was their word against my friend's and they couldn't prosecute although they did visit and speak to the driver.

I had another friend who was hit by a motorcycle years ago and it went to court. It was thrown out because the bike rider was said to be too close because he had failed to give the pony a wide enough berth.

I would take photos of where it happened and talk to the police and your insurer.

Good luck - at least no-one was hurt. Hope your horse is ok.
 
I was witness to a similar incident when the girl I was hacking with asked a driver who was going too near and too fast to stop. He didn't and horse spooked and hit the car causing minor injuries to horse and major injuries to car.

We were threatened with being taken to court and my friend's insurance company said they would fight it as we had a good case.Wearing hi-viz, had taken road safety test, had asked driver to stop. The other insurance co. backed down and it was settled out of court in the end.
 
'Technically' your horse kicked HER car so 'technically' you are liable. However, SHE does not know your horse kicked her car, only you know (or think) that. As far as YOU are concerned this woman drove at you at speed on a road that was too narrow, you signalled for her to reduce your speed as you knew there was little or no room for her to pass. She ignored your signal and, as a result spooked your horse as she passed, your hrse jumped and her car collided with it! :)

There you go, that's what I would be saying! The main point is that you did not admit liability there and then? Tell you insurance company what happened but SHE hit YOU! I would not mention your horse kicked out - you can't actually comfirm that to be honest, you just think that's what happened. In my mindshe hit your horse's legs.

My pony hit a car once as it passed us - he spooked out sideways and hit the door of the car. Driver slowed, saw horse was ok and then just drove off! Guess better for us as that WAS our fault. Pony had red paint on his hocks afterwards!

Let your insurance companies fight it out. They may settle it 50/50 at the end of the day although it's doubtful the damage will actually cost that much.
 
I can't believe the woman works with horses and has nagged you for your details!! Shocking.

Go back to the police and demand an incident number - how is it a civil incident - if a car bumped you you'd have to report it. Then get the woman's details (insurance, car reg etc) and give her your incident no. Tell her you are going to get the horse checked out by a vet before you decide what to do, but that her driving close enough to be kicked should tell her something... Then leave her to stew and think about it. You no doubt won't do anything, but she needs to be left to sweat about it and think about what she did!!
 
ladyt25 said:
'Technically' your horse kicked HER car so 'technically' you are liable. However, SHE does not know your horse kicked her car, only you know (or think) that. As far as YOU are concerned this woman drove at you at speed on a road that was too narrow, you signalled for her to reduce your speed as you knew there was little or no room for her to pass. She ignored your signal and, as a result spooked your horse as she passed, your hrse jumped and her car collided with it! :)

There you go, that's what I would be saying! The main point is that you did not admit liability there and then? Tell you insurance company what happened but SHE hit YOU! I would not mention your horse kicked out - you can't actually comfirm that to be honest, you just think that's what happened. In my mindshe hit your horse's legs.
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^^^This

Am also sure police should be having a word with her about dangerous driving too. At the very least they should record you have report the incident. :(

Get the woman's details (insurance, car reg etc) and pass on to your insurance company and let them deal with it - with luck they will tell her to get knotted.
 
To be fair, if she was close enough that your horse could kick her car then she was passing way too close unless you spooked out into the road so it would be driving without due care and attention to other road users.
 
Thank you for the link ps. I have an incident number and have informed her of that. Will say the vet thing tomorrow - might actually do that as am so worried! Ladyt - not sure I'd get away with that, there is a pretty clear hoof shaped dent in her door!
 
As others have said, I would report to police


I had cause to do this a few years ago. Riding back to livery yard along single track lane. Horsebox (yes, honestly) coming from having lesson at yard and going too fast for conditions. Sun quite low so me and 2 friends had pulled into layby and I was signalling to slow him down. Don't know whether he didn't see us or was just plain ignorant but kept coming at about 30mph which is quite scary on a small lane. Anyway, poor Foxy crapped himself, reared and span round, lost his footing and we crashed to the floor with him landing on top of my leg. Poor lad got up so carefully as think he knew I was underneath him and just stood there bless him. Miraculously nothing broken for either of us but my leg was black from hip to ankle :mad: It gets worse .... the guy and girl with him just sat there, waited for me and horse to pick ourselves up ... and drove off leaving me badly shaken, my horse minus lots of hair and my poor friend hysterical! Almighty crash from the back and they didn't even bother to check whether their horse was on it's feet following their emergency stop. I still feel sick when I think of what could have happened.

Anyway, I did report to police and they took the complaint seriously and offered to pursue for me as a case of dangerous driving. Don't know why I didn't pursue really - too upset at the time. I also repoorted to the livery yard and they did ban them from attedning the yard ever again :) I do wish I'd followed it up if only to perhaps teach people they cannot behave in that manner and if something similar happened to me again, I would hunt them down and ..... :mad::mad: well enough said!!
 
You can add it onto here... http://www.horseaccidents.org.uk/si...ent/Websites/Incident/Report_an_Incident.aspx

Even if you are not a BHS member, and the local BHS area officer will have a look into it eventually.

ETA- Didn't see it was already posted above.

If the other driver has said she has reported to police, you should too, there are always two sides to every story.

Just out of interest, you posted "Tonight" that you hacked out, was it dark, or getting dark?
 
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Emilieu said:
Thank you for the link ps. I have an incident number and have informed her of that. Will say the vet thing tomorrow - might actually do that as am so worried! Ladyt - not sure I'd get away with that, there is a pretty clear hoof shaped dent in her door!
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Ha - I'm glad Deano left a hoof shaped dent in her door ... may serve to remind her of her stupidity!


I hope you get it all sorted though, I can't see how you can be held as liable when she is so clearly at fault

Let us know how you get on and hope both you and Deano get over it quickly - horrible, scary thing to have happen :(
 
I'm sorry that you have had this horrible experience and I hope your horse is ok. We had something similar happen a few years ago, OH was swept off his horse by a van passing far too close, the horse dented the side of the van. The driver blamed us and tried to make a claim. Our insurance company sent the driver a letter saying that he was the author of his own misfortune and that was the end of it. Don't worry, there is no way you can be held responsible for this incident, you did all you could to slow/stop the driver.
 
Hi, I'm an equine liaison officer for the police. Report it to them as a dangerous driver, they will then get a road policing officer to call you for some advice. Get the police ref. number and give that to your insurer as proof you reported her for dangerous driving. It's highly unlikely any claim will be made on either side as there were no witnesses.
 
That's my shock brain typing. It was afternoon - about half four. It was bright and sunny - was actually singing sunny afternoon to him as we went :o
She definitely saw me - when I said I had been asking her to aloe her response was 'i was only doing 20 if I'd slowed down any more I'd have stopped'. So she def saw me and knew that I'd been asking her to go slow.
I did go to the police - they said they had no record of her call.
 
Push for the police to take this further. Years ago sister and I were riding two very quiet bomb proof mares on a day when it had been wet and windy and there was a lot of rubbish on the road. On a lane that led to about 6 houses and the local wood a car came up the back of the horses, one clydie x ex riding school mare and one gypsy cob ride and drive. He made so much noise, revving his engine and spinning his wheels, that both mares leapt about :eek: We managed to get them back into the side of the road and the idiot driver did it all again as he went past! I honestly thought that the 16.2 Clydie was going to jump on his car :eek: We reported it to the police and the guy was done for driving without due care and attention. We have always thought that one reason for the response was that there had been a nasty incident locally a couple of months before where a policemans wife had been badly injured and her horse had had to be pts at the side of the road.
 
Emilieu said:
Thank you for the link ps. I have an incident number and have informed her of that. Will say the vet thing tomorrow - might actually do that as am so worried! Ladyt - not sure I'd get away with that, there is a pretty clear hoof shaped dent in her door!
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No, no no. Doesn't matter! The hoof mark is as a result of her spooking your horse, your horse jumped and as a result his hoof connected with her car. Simple!

I work in insurance. Do not admit liability certainly if you feel she was the one at fault. Of course if she was stationary and your horse was pratting about and actually lashed out intentionally and caught her car then i would say sure, you're at fault. As it is I don't read that as being the case and your insurance company will want to know the details too.

Oh, definitely ensure the incident is logged with the police as well as others have said and get an incident number.

(oh and just re-read my previous post - of course I meant "signalled for her to reduce her speed" not yours!)
 
It is my understanding that as the driver of a vehicle involved in an incident with livestock that she has a responsibility to report it to the police and that it is an offence not to.
 
Some of these stories are so awful :( your poor OH ecid - imagine trying to claim, they should have been relieved he wasn't badly hurt.
Team chaser - Deano has been looking quite proud of his dent, the photo caused some oohs and ahhs even from the police! Don't want him getting it into his head that we punch holes in everyone who ignores our signals however!
 
I'd defo report her too police , ok you and horse none the worse for it but it quite as easy ended nasty if your horse freaked out due to her inconsideration - basic highway code knowledge tell you to slow down and pass wide for animals - 100% her fault

Glad your both ok
 
Emilieu said:
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.
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It is NOT a civil matter that she was driving in a dangerous way, if the Highway code says she should slow down you should make a formal complaint to the police, quoting the H code. It can't do you any harm at all.
 
I definitely didn't say anything to indicate liability - had to fight the urge to say sorry as I apologise for most things regardless of fault! But I definitely didn't.
He didn't spook at any point - even afterwards god love him, just toddled on like nothing had happened. Very very out of character for him to kick out, I have never even seen him do it in the field.
 
Something like this happened to me when I was a kid. My horse had shied at a dog across the middle of the road, a car instead of waiting went past me, and my horse continued to shy right into the side of their car.

The man took my details and rang my mum before I got home (before mobile phones), of course my mum was worried sick. When I told her what had happened she rang our insurance company, and they said it was his fault not ours. Also we would have been covered under house /home insurance policy, if it had been my fault. (No horse insurance cover), however, the insurance company dealt with him and we heard no more about it.
 
Ladyt just realised I sound like I'm being mega dense saying he didn't spook - I meant to say that it definitely wasn't his fault, he was not misbehaving or carrying on at all. Will def take your advice when I speak to my insurers tomorrow.
Meandwhy - you and me both. Can't wait to get to new yard and off road hacking :) thanks jeeve - hope it is the sake for me. Your poor mum. Mine is currently having a brandy to calm her nerves after my phone call! Sorry mum.
 
There is a section of the highway code that states that horses and any other livestock on the road are unpreditcable and should be passed or approached with caution. And that drivers, cyclists ect should obey any signals given by the rider/person who is controlling the animal.

Personally I wouldnt say your liable but its such a grey area as there is no solid evidence of what happened on either end of the claim.

Unless ofcourse there is a perfect shoe shape in the car and the police come and do ''hoof-prints'' on your horse ;)
 
I understand from your report that another car passed you without a problem just after the 1st car, are you able to contact the driver of this car as they may be a witness that your horse was well behaved when they passed you.Hope both you and your horse are okay.
 
Hee hee, might do him a wee mug shot just to amuse myself tomorrow seeing as I will def not be hacking out! Or line him up with his mates to see if she can identify the culprit :D
That has made me smile so I will go and try to sleep and not to overthink it until I can speak to my insurance.
Thanks so much everyone x
 
Oh rossiroo just saw your post sorry. I thought of this too late, I didn't know the driver and he was long gone by the time I thought if it. There are many people who pass us regularly however who could testify to his good behaviour x
 
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