Horse damaged my car- HELP/ADVICE

[EquestrianFairy]

Yesterday a guy up my yard tied his horse up close to my car and the horse has booted the side of my car making considerable damage.
The guy has refused to pay and does not have insurance for his horse- the owner of the yard does not have public liability insurance.

Am i stuck paying for this myself via my own insurance?!

 

[posie_honey]

he blooming well should pay! that's awful! and YO should demand everyone has public liability at least!

but afraid i'm not sure you'll pursuade him

my horse kicked my own car and smashed the headlight and wing - wasn't daft to fix outwith insurance - worth talking to beakers yards tc

 

[AmyMay]

Small claims court, I would imagine.

I expect you'd have to report it to the police as well for an incident number (???)

And the guy presumably has car insurance - which is how he'd pay.

 

[EquestrianFairy]

I rang the police- they said that horses actions are classed as an 'Act of God' and that if my horse had done it to someone elses car it would be the same.. however i did tell the unhelpful policeman that i have insurance on my horse for that exact reason.

Basically the police state there is nothing they can do.

The guy has no horse insurance qnd doesnt own a car, the YO isnt interested at all.

 

[AmyMay]

I rang the police- they said that horses actions are classed as an 'Act of God' and that if my horse had done it to someone elses car it would be the same.. however i did tell the unhelpful policeman that i have insurance on my horse for that exact reason.

Basically the police state there is nothing they can do.

The guy has no horse insurance qnd doesnt own a car, the YO isnt interested at all.

Have you reported the incident to your insurance company? You will need to provide the man's name and address, and then they will chase him.

 

[EquestrianFairy]

Have you reported the incident to your insurance company? You will need to provide the man's name and address, and then they will chase him.

Yes i have, unfortunately i only know the mans first name as he would not give me his surname or his address and the YO wont get involed.
The insurance have said they will continue with the repairs but im going to have to pay my excess as unless they can trace him they cannot claim from him.

 

[AmyMay]

Yes i have, unfortunately i only know the mans first name as he would not give me his surname or his address and the YO wont get involed.
The insurance have said they will continue with the repairs but im going to have to pay my excess as unless they can trace him they cannot claim from him.

Your YO has to get involved - or your insurance company can start chasing him..............

 

[lea840]

I would seek some advice on this... you shouldn't be left out of pocket to pay for this.

Surely they are negligent for failing to control their horse properly and it being allowed to kick the car because it was tied up so close to it??? (I'm not saying they could of stopped the horse kicking, but they should of tied it up in a safer enviroment other than next to a car were it could cause damage)

Deffo worth getting some advice on... small claims maybe...

 

[Stinkbomb]

I rang the police- they said that horses actions are classed as an 'Act of God' and that if my horse had done it to someone elses car it would be the same.. however i did tell the unhelpful policeman that i have insurance on my horse for that exact reason.

Basically the police state there is nothing they can do.

The guy has no horse insurance qnd doesnt own a car, the YO isnt interested at all.

There is really nothing the police can do. Its not classed as a road traffic accident as the vehicle is not on a road, it was not deliberate damage so its not criminal damage. It would be just put down to "accidental" damage. It would have to be pursued through the civil courts im affraid.

 

[flyingfeet]

Horses are not act of god

If your horse escapes onto the road you are liable, and if you horse does damage you are liable

Therefore get the details from YO - if they won't supply them, then say you'll have to take the claim against them as they have insurance

Everyone should have 3rd party insurance for their horse, as stupid not to

 

[AmyMay]

Actually, just as an aside OP - was your car parked on the stable yard??

I only ask as where I used to stable there was a very separate area for cars - however, in one of the blocks there was a small courtyard where the odd car would park. Meaning that if an owner tied their horse outside of the stable there was the potential to damage the car. I had a horse stabled in this courtyard, and my view was that if she damaged car, tough luck (because they took the risk to park it in a stable courtyard, when other safer parking was available).

Not sure if your set up is similar.......

 

[EquestrianFairy]

There is really nothing the police can do. Its not classed as a road traffic accident as the vehicle is not on a road, it was not deliberate damage so its not criminal damage. It would be just put down to "accidental" damage. It would have to be pursued through the civil courts im affraid.

Im guessing to do this i need his full name and address?

His attitude stank- couldnt have cared less and even walked away leaving his horses arse against my car! To say i was angry would have been an understatement- i thik the whole yard heard how anygry i was..People total lack of respect for other peoples things continues to beggar belife. I paid good money for my car, i worked hard for it and he basically stood there sticking two fingers up at me.

 

[EquestrianFairy]

Actually, just as an aside OP - was your car parked on the stable yard??

I only ask as where I used to stable there was a very separate area for cars - however, in one of the blocks there was a small courtyard where the odd car would park. Meaning that if an owner tied their horse outside of the stable there was the potential to damage the car. I had a horse stabled in this courtyard, and my view was that if she damaged car, tough luck (because they took the risk to park it in a stable courtyard, when other safer parking was available).

Not sure if your set up is similar.......

The car park is on the yard- that is the car parking area and generally people dont have issues as the stables arent particularly close to the cars, however i was parked first and he chose (for some random reason!) to tie his horse up next to my car unfortnatlety i was in the hay barn filling a haynet so i:

1) didnt know hed put his horse next to my car and
2) didnt know it had kicked it until i saw a girl standing there with her mouth open staring at it.. and
3) after the horse kicked it he didnt even move the horse!!!!

 

[AmyMay]

The car park is on the yard, however i was parked first and he chose (for some random reason!) to tie his horse up next to my car unfortnatlety i was in the hay barn filling a haynet so i:

1) didnt know hed put his horse next to my car and
2) didnt know it had kicked it until i saw a girl standing there with her mouth open staring at it.. and
3) after the horse kicked it he didnt even move the horse!!!!

Ah right.

Well, get your insurance to contact the YO asking for the details of this person so that they can begin proceedings against him.

Good luck.

 

[Flummoxed]

Good luck.

And your YO is an idiot if he really does not have Public Liability cover!

 

[mrogers]

i thought it was against the law to run a yard as a business without insurance ???

 

[Flummoxed]

It's not illegal, but it is extremely foolhardy.

 

[indie999]

Start looking for a new yard too! If the Yard owner has that attitude it would worry me if you or your horse got injured too. They should have liability. BHS provide it for £59 per year for as many horses as you own etc(private owners etc)

Move too.

 

[EquestrianFairy]

Without making my yard sound like a ****hole.. its basically an old farm where people have horses and 'make use' of facilities as best they can if that makes sense?

I moved there because being in Uni meant it was cheaper, ive been there before and generally its ok, you make what you want of it and its not bitchy or expensive in most senses but at times like this is does make me realise why being at a proper livery yard pays :-(

 

[soulfull]

I think you would be best just to leave it up to your car insurance, they will do as much or as little as they want to find the guy.

saves you all the hassle too

 

[Perissa]

Wouldn't it be a shame if you were to accidentally trip near his car while carrying a metal shovel.........

 

[miss_bird]

I would pass the YO details onto the insurance company and let them decie what to do from their.
That way you have given the insurance comapny all the details you have and it is up to them to trace/deal with payment.
HOpe you get something sorted as unexpected payouts like thais can really unsettle the monthly money

 

[Naryafluffy]

Wouldn't it be a shame if you were to accidentally trip near his car while carrying a metal shovel.........

Or if the farriers nails accidently went underneath his tyres, we've got a couple of dogs on our yard who think it's great fun to jump on the bonnets of cars at the windscreen and then slide down of the front, if you want you can borrow them for a couple of days (although can't guarantee they would pick the correct car to jump on).

 

[ladyt25]

Why on earth is it not stipulated that every livery on that yard has liability insurance? That is a noremal requirement for keeping your horse on a yard surely? Is this a yard you stable your horse on - I assume so? I think you should demand his full name and address and advise you shall be contacting your solicitor. If the guy has some home/contents insurance it is quite likely that the liability would extend to cover his horse.

Failing that then I would suggest to the yard owner that, as they are uncooperative and are not giving you his full details that you shall be submitting the claim against them as livery yard owner and I would requets their insurance details - they should not withold them from you. If they again won't give you their details then your insurance company will have to pursue them.

If the man whose horse it was does not have insurance to cover his horse than I think small claims would be the option and he would have to pay for the damage out of his own pocket! I am unsure whether the insurance company will pursue them through court - they may do to recover their losses.

 

[Noseyparker]

what an ar*se of a man he sounds.

I would have him followed to see where he lives!! I would be doing everything to make sure he dosent get away with it.

The thing is your going to be out of pocket severley, as unless you have NCP your going to have your insurance hiked up when its up for renewel putting a claim in, and of course theres the excess to pay.

If he dosent have a car, he must live locally then, unless he gets a lift to the yard? if he is skint, theres not alot they can do money wise, unless they send baliffs in after a court order, even then if he knows the loop holes they cannot gain access ! He would probabley end up slapped with a CCJ. Does your car insurance have legal cover? if it has just give the details of what happens and let them do the rest, thats would you pay the excess of the service for Good Luck, I hope they get the git!

 

[CeeBee]

Just to throw a spanner in the works - did you, or anyone else actually see the horse kick your car? I know you said a girl from the yard was shocked, looking at it, but did she actually see the horse do it? If not, could be your word against his

 

[AndySpooner]

I think that to pursue this will waste your time and money.

I'd forget it.

 

[OWLIE185]

A recent legal case demonstrated that each and every horse owner should have third party public liability insurance of no less than £10,000,000 for each of their horses.

If you can demonstrate that it was his horse that damaged your car then I would simply take out a small claim against him in the county court once you have found out where he lives. You can do this easily on line.

 

[ossy]

I can see this from both sides really, my old horse did something similar and reversed into the YO's car and made a massive dent on it the difference was I wasn't actually there as another girl was riding him that weekend. The YO is a friend of mine so was never any bad feeling about it and we laugh about it now but even with insurance companies from all sides invloved it was the YO's car insurance that paid for it.

I would be so annoyed with this guys attitude too but its really up to your insuracne company to what they want to do, give them all the contact inforamtion you can and leave it with them, that's what they're there for. In the contract for my current yard there is a statement saying the car park is provided for us to use but property is left at our own risk. These things happen with horses its just the nature of keeping such big unprodictable animals, its just his attitude stinks, what a nice guy he must be

 

[Hippona]

Horses are not act of god

If your horse escapes onto the road you are liable, and if you horse does damage you are liable

Therefore get the details from YO - if they won't supply them, then say you'll have to take the claim against them as they have insurance

Everyone should have 3rd party insurance for their horse, as stupid not to

^^^^
This.
Are you a member of the BHS? They should be able to give you proper equine legal advice.