Horse damaged my car- HELP/ADVICE

some of the things the insurance companies have said to get out of paying is really worrying and makes me wonder why i have insurance to cover me for the unexpected if the unexpected can not be predicted and so therefore not covered!!! crazy!!!!
 
I am afraid as the law stands you will sadly have to claim on your own car insurance for this.

There is no law to say that Horses MUST be insured. Sad but true!

The police will not intervene as it did not happen on a road and on private property.

Your car insurance will cover you for this although you will have to fork out the excess and of course if you don't have protected no claims a higher premium next time you renew. They won't pursue the man who owns the horse (pointless and waste of time and money through the courts).

Legally the YO should have Public/Employers Liability but like with most yards they won't have this usually due to the high business rates they would have to pay and like with most liveries they don't want to pay high fees for their stables and field!
 
Maybe the legal eagles would know but could you not present him with a written estimate for the damage? Give him a reasonable time to respond and pay up - then issue a warning you will take to court and keep copies of everything you issue him with. Small claims only cost around £50 to take to court and you can claim that cost back too from him.
Here is a link to a website with information about small claims. I used small claims against a company from whom I bought a sink which turned out to have damage - I won and got my costs back and £25 the maximum for half day off work to attend court. If this is the correct route you need photos - a witness statement if you have one, your written repair quote. Definately worth pursuing. Good Luck!

http://www.thisismoney.co.uk/bargains-and-rip-offs/article.html?in_article_id=417663&in_page_id=5
 
Its going to be estimated on Monday- at least i will know the damage caused but basically the insurance company have said its tough, i have to claim on mine and pay the excess/lose my no claims.
Im now looking for a new yard.
 
Unless the law has changed since I was last in UK - when stuck in queued traffic you mustn't block the access/exit of roads. If you were stationery accross the front of a street junction then you are partly liable for the damage - if you hadn't been there the mini would not have hit you.
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The greater duty of care is still the vehicle coming out of the side street. I can see why the insurer would try a defence of "if you werent there I wouldnt have hit you" but at the end of the day if you hit a stationary vehicle on a main road, its still your fault, same as if you hit an inconveniently parked vehicle.

Back to OP, do as everyones said, submit the estimate to him with any other evidence, give him 28 days or so to pay them threaten with small claims court. And move yards! :o
 
My only legal knowledge comes from a law module within my accountancy exams but common sense would dictate not tying a horse within kicking distance of a car already parked? Surely this is something the "reasonable man" would think of and do?

Would a fellow livery be classed as the horse owner's neighbour and therefore be owed a duty of care? (That's my reasoning based on my limited knowledge but would be interested to hear the interpretation of someone in the know!)

OP- sorry about your car and hope the situation is resolved. Let's hope karma exists or you win the lottery! (After me of course ;) )
 
I would leave it all up to your insurance company. I would say that it is your YO who is liable rather than the guy with the horse. There was a case where a livery led their horse out on the road for a walk, it escaped, the YO was liable.

Think you need to be looking for a new yard :(
 
Evelyn said:
Unless the law has changed since I was last in UK - when stuck in queued traffic you mustn't block the access/exit of roads. If you were stationery accross the front of a street junction then you are partly liable for the damage - if you hadn't been there the mini would not have hit you.
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I wasn't blocking a road entrance, the other driver was pulling out of a park carpark driveway. Since this stretch of the road was endeless driveways I'm assuming the rule doesn't count for those? It's understandable not to block access from side roads and areas with chevrons but does the rule count for driveways and other exits other than roads? Just wondered?
 
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