Horse hit by car (minor injury, damage to car...)

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I was out hacking today going down a very quiet, narrow country lane. A car came up behind me at an appropriate speed, and stopped whilst I pulled over into a passing place on a wide verge. Unfortunately my horse did not stand still - he did a 180 degree turn to face the car, then backed out onto the lane. As a result he came into contact with the car, was startled, and kicked out damaging the passenger door.

I have reported the incident to the police as the car driver did not stop to exchange details - I have public liability insurance & assumed he would want his car repairs covered, even though I think he was at fault (it was clear my horse was not standing still and he insisted on pushing past).

When should I advise my insurance company? Now, or wait until the police have interviewed me and established liability for the accident (which I expect knowing the police will be 50/50 blame)?

I don't think the driver will want to pursue damages from me or he would have stopped at the time, he has of course committed an offence by not stopping and exchanging details/reporting the incident to the police.

The only damage to my horse that I can find is a tiny cut to his fetlock and some scraping along the hoof wall (photos taken tonight) so fingers crossed he will be sound tomorrow!
 
Lévrier;12936155 said:
I was out hacking today going down a very quiet, narrow country lane. A car came up behind me at an appropriate speed, and stopped whilst I pulled over into a passing place on a wide verge. Unfortunately my horse did not stand still - he did a 180 degree turn to face the car, then backed out onto the lane. As a result he came into contact with the car, was startled, and kicked out damaging the passenger door.

I have reported the incident to the police as the car driver did not stop to exchange details - I have public liability insurance & assumed he would want his car repairs covered, even though I think he was at fault (it was clear my horse was not standing still and he insisted on pushing past).

When should I advise my insurance company? Now, or wait until the police have interviewed me and established liability for the accident (which I expect knowing the police will be 50/50 blame)?

I don't think the driver will want to pursue damages from me or he would have stopped at the time, he has of course committed an offence by not stopping and exchanging details/reporting the incident to the police.

The only damage to my horse that I can find is a tiny cut to his fetlock and some scraping along the hoof wall (photos taken tonight) so fingers crossed he will be sound tomorrow!
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Sorry to hear levy if I can call you levy.


I would tell your insurance asap, the driver should have waited especially when horse playing up. I knew one playing up but a jag did not wait and got doubled barrelled bonnet for his impatience.

You don't want insurance to get funny with your claim if things turn nasty.

Hope horse is ok, car drivers forget cast iron shoes on their lovely paint job don't mix along with half ton of power going through legs.
 
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Nasty experience. I hope you are both ok and neither of you lose confidence on the road.

I think you are supposed to inform your insurance company as soon as something happens that might result in a claim. I think I probably would go down that route.

My horse bellyflopped onto a car once. There was a lot of damage but dealing with the insurance company was reasonably straightforward.
 
Hope you're both OK!

Did you manage to get his registration number? I would push for charges to be pressed, have you notified the BHS? Like you say, he didn't stop after an accident, how did he know you weren't hurt?!

A

ETA as above, notify insurance!
 
AmieeT said:
Hope you're both OK!

Did you manage to get his registration number? I would push for charges to be pressed, have you notified the BHS? Like you say, he didn't stop after an accident, how did he know you weren't hurt?!

A
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Yep we got his registration number and the police have confirmed that this has been remembered correctly :) Although not who he is of course - I would very much like to press charges, so will be pushing for that. I've also reported it on the BHS website.

I think we are OK - fingers crossed.... :)
 
Thanks for all the replies, I will give my insurance company a call tomorrow (if they are open on Sundays, which I doubt) or Monday first thing :)
 
He has commuted a criminal offence - I'd be pushing for a conviction which is looked on in your favour by the insurance companies...

He was probably over the limit - which is why he wouldn't stop...
 
blitznbobs said:
He has commuted a criminal offence - I'd be pushing for a conviction which is looked on in your favour by the insurance companies...

He was probably over the limit - which is why he wouldn't stop...
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There is a beer festival just down the road today so I did wonder - I also wondered if he was insured! I doubt they will get him for drunk driving, I reported it on 101 not 999 so it has been referred to the local policing team....don't hold your breath there :D
 
I'd take this post down, as you've just said "Unfortunately my horse did not stand still - he did a 180 degree turn to face the car, then backed out onto the lane. As a result he came into contact with the car, was startled, and kicked out damaging the passenger door", so this does not show that the driver was at fault.
 
Report to your insurance company but it doesn't sound as though the driver was really the one at fault as it was your horse who wasn't 'under control'.
 
It most certainly was the driver who was at fault - he was stationary but proceeded to move when it was clear that my horse was not standing still, only an idiot would do that! I did think carefully before I posted and about my wording, but I am certainly not going to distort the facts to suit me
 
I'm sorry but if you are out on the road with your horse he is your responsibility. The majority of drivers are not 'horsey' and would not recognise that your horse was getting fractious. By your own admission your horse hit the car and not the other way around. However on the basis that he did not stop And get your details I doubt there will be any comeback on you. The law of strict liability applies.
 
Yes I'm also confused, the horse hit the car which was behaving appropriately - passing slowly in an appropriate place and your horse reversed into it. I'm amazed he didn't stop to get your insurance details.
I was riding my YO's horse recently who promptly did a 180 and reversed into a parked car (albeit not parked too helpfully) because of a stationary mounting block. I was mortified and once the damage was ascertained (it was a volvo, we though it was ok to start ;) ) offered to pay for it- and that was no where as much as a dented passenger door.
 
LOL I knew there would be loads of armchair experts when I posted this - the purpose of the thread was to ask when I should inform my insurance company, not to debate liability, I have stated the facts and it is up to the police to establish who they feel is liable not me or anyone on here :) I am quite happy to pay for the damage to the car via my insurance company - that is why I have insurance! - but I am curious why he didn't stop to get my details. No doubt the police will ask him that very question :)
 
eggs said:
I'm sorry but if you are out on the road with your horse he is your responsibility. The majority of drivers are not 'horsey' and would not recognise that your horse was getting fractious. By your own admission your horse hit the car and not the other way around. However on the basis that he did not stop And get your details I doubt there will be any comeback on you. The law of strict liability applies.
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The Highway Code and relevant legislation states that a car driver should pass an animal when appropriate (or words to that effect, can't be bothered to google and find the exact wording) - when a horse is walking backwards into a road doesn't strike me as an appropriate time to pass on a narrow lane? The driver should have been going at an appropriate speed to avoid the contact with my horse, as it was he was merely focused on getting past as soon as possible for whatever reason.

ETA - well there you are, I googled it....

"215
Horse riders and horse-drawn vehicles. Be particularly careful of horse riders and horse-drawn vehicles especially when overtaking. Always pass wide and slowly. Horse riders are often children, so take extra care and remember riders may ride in double file when escorting a young or inexperienced horse or rider. Look out for horse riders’ and horse drivers’ signals and heed a request to slow down or stop. Take great care and treat all horses as a potential hazard."
 
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Lévrier;12936251 said:
- but I am curious why he didn't stop to get my details. No doubt the police will ask him that very question :)
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Possibly he was in a hurry to get somewhere, possibly he had been at the beer festival, possibly he didn't realise that his car had been damaged - although I guess you will never know. With RTAs I would always inform my insurance company. Not sure if the polce will bother following up if they are anything like the police force around me ....(my horse was killed as a result of a speeding motorist, police not really bothered once they had established who owned the horse).
 
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Do be careful thinking your insurance company will pay - I think you will find you have to be negligent for them to cough up. It happened to someone I knew - her horse damaged a car when she was out hacking, insurance wouldn't pay as he hadn't done it before, horses are animal and unpredictable so she wasn't deemed to be negligent. In the end the owner of the car claimed on her insurance and the horse owner paid her excess.

Similar with our business insurance. One of our engineers broke a very expensive glass door (region of £4,000). Our insurance would only pay if he had been negligent otherwise it was down to our customer to claim off their insurance.
 
well I would think an appropriate time to pass was when you stopped in the gateway, and quite possibly was being careful and your horse reacted quicker than he anticipated, hard to say, depends how slowly/quickly he was going and whether it would really have been appropriate for him to reverse again.

Regardless of fault I would absolutely notify your insurance company though you may well hear nothing of it again.
 
Pebble101 said:
Do be careful thinking your insurance company will pay - I think you will find you have to be negligent for them to cough up. It happened to someone I knew - her horse damaged a car when she was out hacking, insurance wouldn't pay as he hadn't done it before, horses are animal and unpredictable so she wasn't deemed to be negligent. In the end the owner of the car claimed on her insurance and the horse owner paid her excess.

Similar with our business insurance. One of our engineers broke a very expensive glass door (region of £4,000). Our insurance would only pay if he had been negligent otherwise it was down to our customer to claim off their insurance.
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Yep I am aware from Google searches that I have to be shown to be negligent for the insurance company to pay up, but thanks for a timely reminder :)
 
I'm not an armchair expert, but my public liability insurance states that I should never admit liability for an incident. whether he should of stopped is a given, yes he should. Whether the driver had been anywhere near a local beer festival, who knows, but even if he had been under the influence, he, according to you behaved as he should have done. As to Insurance companies, If you report the incident as you have done here, they may adjust your cover, so It's 50/50 between the insurance company deciding you are high risk versus two days time the driver claiming, and the insurance company not paying out because you havent told them.
 
There is far more too the incident than the synopsis that I posted above - and that is what I will report to my insurance company, the written record I have made of the incident tonight before my recollection became blurred with the passing of time. I had forgotten that HHOers like to know the full facts about everything..... mea culpa......
 
I'm afraid your wording does suggest that your horse kicked out at the car and therefore could be seen as being to blame ("out of control"), but the fact that the driver chose to leave without checking the damage to any party or exchanging details with you makes it seem likely he was not 100% within the law himself, possibly no insurance/tax. As you have reported the incident to the police you should inform your insurance company but be clear whether your horse requires any vet attention or not.
 
I would actually say it was your fault. You made the decision to go into a certain place so he could pass, he did and you didn't have suitable control of said horse. I know it's a horse but he probably didn't know much about horses.

In future always face your horse's head to the road. Ie. bum to the hedge/gate etc so that if your horse reverses/swings bum they are going to hit nothing except a gate hedge or air.
 
Lévrier;12936291 said:
There is far more too the incident than the synopsis that I posted above - and that is what I will report to my insurance company, the written record I have made of the incident tonight before my recollection became blurred with the passing of time. I had forgotten that HHOers like to know the full facts about everything..... mea culpa......
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Do go back and read your OP though...it makes it sound as though the car had stopped for you and remained stationary while your horse proceeded to back into it. The only reason that people are taking issue with what you have said is because this makes it sound as though you are at fault, whereas you have gone on to state that the driver was at fault. It's not about wanting to know every little detail, more confusion over the fact that your original post suggests something different to your later ones.
 
I take your point, however my question was at what point I report it to my insurance company - before or after being interviewed by the police. I didn't at any time ask who was liable.....
 
Lévrier;12936327 said:
I take your point, however my question was at what point I report it to my insurance company - before or after being interviewed by the police. I didn't at any time ask who was liable.....
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...and since insurance companies are not a democracy, we don't get to vote as to who they decide was liable either.

However if there are 2 HHOers on a thread you can be certain of at least 3 opinions.
 
Magnetic Sparrow said:
...and since insurance companies are not a democracy, we don't get to vote as to who they decide was liable either.

However if there are 2 HHOers on a thread you can be certain of at least 3 opinions.
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Ain't that the truth there Magnetic Sparrow.... you can be certain as well that the majority of posters will state what they think the answer is regardless of what the question actually asked was :D
 
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