help riding /road accident

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cellie

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I have just been overtaken on blind bend and so close that I could kick the car.Unfortunately my horse kicked out instead.Obviously apologised for damage but she was far too close now going to ring insurance company, what view do you think they will take on incident.
When I told her she was overtaking on blind bend her comment was - no I didnt I asked my friend if I should pass there and she said not to overtake on bend.I have riding witness
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Hard to tell really. They should take you side maybe if she was driving without due care and attention, wish I am guessin that would count as if she overtook on a blind bend.

In the future though, don't apologise if someones driving causes your horse to kick out - well I wouldn't anyway. You are accepting the blame if you apologise.
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Not possible at the time horse was panicking and had hurt her leg so she was rearing and playing up.My yard was only 5 min walk away and I wanted to get her home.
I have called police and they are going to get back to me.
 
Good point I apologised for damage and told her she was too close.My horse was more spooky than normal but hadnt kicked out before incident.
 
is there any debris on the road where it happened, can you nip back and take a photos of it to show how close this woman was.
You and naggie OK???
 
Hello,

don't worry about the apologising as you were prob in shock anyway... with regards to whose fault it is well - if she overtook you on a blind bend and was too close that your horse could kick out and damage her car - then the fault lies with her....

I had a similar accident many years ago.. a car driver over took us slowly and with plenty of room but an approaching car meant that instead of him stopping he pulled in next to my horse who kicked out ... resulting in passenger door being kicked in... we pulled over and exchanged details and his wife commented to him that he had driven too close to my horse.... went through my insurance (BHS gold member) who dealt with it very well and denied any negligence on my part but on the part of the driver.... so he had to foot the bill for his own vehicle....

With regards to your horse being injured perhaps you should enquire if you can claim for that from her insurance company???

Highway code stipulates - all drivers should pass wide and slow and with consideration to horse riders.... unfortunately in this instance she failed.... resulting in these accident which could have been prevented....
 
If the horse kicked out and caught the car then she was passing too close as well as on a dangerous bend. Good job nothing was coming the other way !
 
Thanks thats helpful .Just spoken to police who said its civil dispute and phone citizens advice.
I have sponged her down and put her in stable hope she is ok cant feel any heat or swelling but she was upset.
Had incident the other day which didnt help she escaped and cantered home on same road have a look it might explain why she was tense.
Thanks everyone for your opinions.
 
yes thanks could have been worse she reared up and bucked after incident but fortunately Im quite calm rider.
 
If you are a BHS Gold member I would give them a ring ASAP number is on the back of your memebrship card. Take photo's of the injuries your pore horse has. Return to site of accident take as many photos you can of site and the fact that it is a blind bend. Write up in as much deatail what has happened. Also write down all names of the people that were about. Do this while it is all fresh in your mind. We all know how some people like to milk the insurance system.
 
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.Just spoken to police who said its civil dispute and phone citizens advice.


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How can a car driving carelessly causing a road accident - be a civil dispute?

Am I missing something here or is this suddenly a standard fob off from the police? What is it that they hear the word "horse" and suddenly its a civil thing and none of their business. If they'd been so close they'd knocked you off your bike would that be a civil dispute?

Sorry, don't mean to be grumpy at you, but I'm genuinely baffled as to how they can fob you off like that, unless as I say I'm missing the point somewhere as to why its a civil dispute...
 
I agree you have really good point.Im going to listen to everyones comments then make up my mind what to do.Ill go and take photos as op suggested.
 
This makes me so angry when police say things like this, civil dispute my ar$£ they just cant be bothered with the paper work, its driving without due care and attention, dangerous bloody driving, if that car was so close that your horse could kick it. You are so lucky it could have been a lot worse, I hope your horse dosn't have any lasting problems.
 
Glad its not just me then, I know if somone hit my horse I would be tempted to do the driver some damage, and then ask questions later, metal and horse flesh dont mix, If I was you I would be making a bit of noise and if you cant get any help with plod take it higher
 
I am baffled at the police response, if you were thrown and hurt? If she hit a kids back wheel on a bike????
 
I would ask the police to reconsider. It could be careless driving so request that they investigate.

On the civil front, I would refer to the relevant code of practice, ie the Highway Code, which is not of legislative authority but is strongly persuasive. What does it say on drivers passing horses? I am pretty sure it says to give them a car's width or similar. In which case, considering her vehicle was close enough to alarm your horse into kicking out, I would suggest the onus of proof may be on her to prove that she isn't liable and has not breached the duty of care that she owes to other road users to drive with reasonable care in such a manner as not to be involved or cause accidents.

In other words, I would be claiming off her and certainly not the other way round.
 
I cant stand anymore excitement.After two incidents in a week all my long and careful work getting her hacking out will be undone.She had made so much progress maybe the police incident unerved her .
Dont know how I stayed on for the last few minutes of journey she was a complete wreck.
I have found out why she reacted to car I thought she had been stung or something but have found barb wire graze down her rump which proves the car was too close and made her move up the verge.I have took photos of incident and corner and have told driver to let our insurance company sort it out.She insists that she gave plenty of room and has a witness but horse couldnt have kicked her car if she wasnt so close.
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Yes took a picture of her car as well big dent just underneath passenger window.She only booted with one leg and didnt turn her bum to it .It all happened so quickly its hard to remember.
 
Who is your public liability insurance with?? Give them a phone because they will give you advice and ultimately it's them the woman will try and claim against. You have a witness so that's good. Did this woman take your details??? The fact she was close enough to be kicked means she was too close anyway!
 
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