hacking incident - am i accountable?

Tricky one if your not covered third party. If your not covered through your home insurance, it may well be worth going to a solicitor/claims assessor type person, rather than dealing with all the stress of it yourself.
 
I would be inclined to leave it as it is, OP and ignore further communication from her. If you're not insured 3rd party and it sounds like she's on VERY dodgy ground, then I'm not sure her insurance company would waste much effort on it. Without 3rd party insurance, it would cost more to put the claim through (without guarantee of success) than the repair would.
 
If you tell her it was her fault as she came too close and according to the Highway Code drivers should be aware of "vulnerable road users" and you are not insured and then ignore any future contact.
 
If she's being awkward, is there any chance that the hoofprint is not actually your horse's but had happened earlier and she's trying it on with you? Know it's a long shot but are you sure your horse dented the car, could it have been there earlier? Is there any chance anyone on that yard would remember a previous dent on her car?
 
Please let us know how you get on OP.

I certainly would not be paying out a penny - and would happily go to court to defend the situation in your shoes.

And I agree with those that say cease communication. Put it in the hands of your solicitor.
 
Emilieu said:
So i have spoken to my insurance and it turns out I am not in fact insured for third party accidents. Stupid stupid me :( could have sworn i did have it :( will take everyone's advice and join BHS asap.
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Do you have a copy of your insurance? Excuse my prying but what are you covered for? From what I've always understood, public liability comes part and parcel with most insurances? Could well be wrong though

Pan
 
I had an incident on the road, but I was the car driver. I was stopped in a lane, as a lorry was getting into a passing place so I could pass, when a loose horse galloped down the road. It was fully tacked up with it's saddle on upside down. It put a dent in my 4 month old car as it galloped by. I helped catch the horse and find the rider. I was unable to claim any money for the damage done to my car as the horse was just being a horse. I would have to prove it had done this sort of thing before and that the owner was aware. And prove the rider (who was not the owner) was guilty of some sort of negligence (in my opinion they were!). My insurance company would not pursue it. So I lost no claims and would have lost my excess if the owner hadn't paid it of her own volition (after some arm twisting). The owner's insurance company refused to pay out. So I wouldn't worry if I were you. It seems your horse could smash up every car on the road and walk away un-liable.
 
Maesfen said:
If she's being awkward, is there any chance that the hoofprint is not actually your horse's but had happened earlier and she's trying it on with you? Know it's a long shot but are you sure your horse dented the car, could it have been there earlier? Is there any chance anyone on that yard would remember a previous dent on her car?
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This occurred to me too. Can she prove the dent was caused by your horse ?

Anyway, get your horse seen by the vet and claim damages from her. You don't need insurance by law, but she does, so don't fall for her intimidation.
Get police to follow up her dangerous driving and speak to her employer about the near misses she's had whilst driving at speed on the lane.
In other words, because she is at fault but harrassing you - make life a bit uncomfortable for her. It may take the wind out of her sails.
 
*this afternoon and typing on phone in a rush! Insurance is with KBIS and I guess must just be for vet fees. I know that I chose the highest level of vet fees because I wanted colic surgery to be covered just in case.
I said in my last text that I laid the blame squarely at her door and outlined my reasons why.
 
Good luck with it all and your contents / house insurance may well give you cover.
Everybody lesson to learn don't assume you have third party with your horse insurance.
 
Hi, sorry that you are having such a crap week. My Ohs old horse kicked somebodies car once. We were on private land and the farrier was putting her shoes on. She spooked at something and jumped back and kicked the parked car behind her. She caved in the whole front wing . we went and found the owner who was fishing nearby. We apologised and explained what had happened. He contacted our insurance company and claimed for repairs. Our horse insurance company then claimed half back off our house insurance which covers for third party liability.
I was annoyed that we were paying twice for the same cover effectively . Check the house insurance details because although I dont think you should be liable at all you could do with the hefty backing of an insurance company who can deal with it all.
 
OP, have you told the police about this? I would, immediately. She, by ignoring your hand signals and trying to squeeze past you too fast because she was in a hurry, was guilty of driving dangerously/recklessly. This caused the accident. You tried to slow her down, she ignored you. Her fault. I would be livid.
You are both SOOOOO lucky that the only damage was to her car, she could very easily have killed your horse if he had wavered or kicked out at a slightly different angle. She needs to apologise for nearly killing your horse (sorry, but a few inches either way and he'd have had a broken leg) and possibly injuring you. A bit of dented metal is nothing compared to that.
 
kerilli said:
OP, have you told the police about this? I would, immediately. She, by ignoring your hand signals and trying to squeeze past you too fast because she was in a hurry, was guilty of driving dangerously/recklessly. This caused the accident. You tried to slow her down, she ignored you. Her fault. I would be livid.
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Agreed - you want an official record of your version of events, as the insurers will potentially enquire about this.
 
I think you should be the one suing her tbh.. she could have seriously injured your horse and yourself, it's not that long ago, a horse near where I live was killed by a speeding car that didn't slow down, the rider was very lucky to get away with a couple of broken bones.. are there any scuff marks on your horse's leg/hoof? Take photo evidence and tell the woman to go screw herself, you're sending her the vet bill (well, you have to be sure there's no room for her to squirm) and suing her for causing post traumatic stress syndrome and dangerous driving :mad:
 
Yes it has been reported and I have a reference number. At first I couldn't think straight enough to get angry, I was just so worried about him and thankful he was ok.
I took a picture of his leg immediately after but there's no marks or anything x
 
Very odd you don't have 3rd party automatically included, I thought it was only NFU that had it as optional? Most include it automatically. Anyway,you will have it under your house insurance so contact them instead. Also ASK the woman for her reg details and say your insurer has requested this. You need to ensure she is definitely insured for starters.

I actually doubt this will amount to anything, she will end up having to claim on her insurance as she willnot be able to prove fault and as you have contacted the police you have reported the incident AND a car should NOT be close enough to your horse to allow it to kick it! I am pretty confident the fault will lie with the car driver.
 
I phoned and they said not covered :( however my friend has just told me that she thinks I must be a bhs member as I am in the riding club which is bhs affiliated- does anyone know if that is right?
 
Something similar happened to me a few years ago. I had asked the driver to stop, he kept coming - too close and my horse swung her quarters out, sat on his front wing, and launched herself off up the road leaving a big dent in hos vehicle. I reported it to the police, and gave my insurers a full and detailed account of yhe incident, he tried to put a claim in but they defended it saying it was his fault not mine and he never got a penny!
 
Do her employers know about this yet? If I was employing someone to CARE for my horses, I would be horrified in their uncaring attitude towards your horse and their total irresponsibility and negligence in failing to obey a rider's hand signals to stop/slow down, when they or all people should no better. As they have now had an accident and reported it to their insurance company, their employer has a right to know as it may affect their own insurance if this person drives their horsebox or any other vehicle. I don't expect their employer will be very impressed :(
 
Thanks maresmaid, from the sounds of people's experiences it looks like it is pretty hard to pin the blame on the horse then!
I have thought about telling her employer but didn't want to do anything rash in the heat of the moment. I thought if I waited until we were moved tomorrow then I could decide - plus if she decided to come up to my yard to shout at me, or god forbid take her anger out on Deano, we will be long gone!
thanks again everyone for taking the time to share your advice and experiences, you've all been fab and very cheering during a rotten week xxx
 
Get photographs of the location and if you can, you on Deano at the spot it occurred to illustrate the width of the road etc.

I do hope you were wearing hi-viz, as that will add to your defence. Without it, I'm not confident where you stand at all.

My brother (as a PC) said you should pass horses at no more than 10 mph and stop if the animal is larking about. If you are parked/stationary the rider is then at fault for crashing into you!

And yes, if you are a member of an affiliated club, you will have 3rd party insurance. However, this covers legal NOT moral liability/responsibility.
 
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