Loan Horse broke my back, where do I stand?

henmother

henmother

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Hello all.
To cut a long story short a "reformed rearer" went up and over on me and broke my back, my ribs- two in two places and punctured my lungs.
Stupidly I have no Insurance, only because after looking through threads it seemed that if you pay, eg share a horse, then Insurance is null and void? Not to mention the fact that one of my employers would pay me full pay / then half pay so I always thought if i did break an arm / Leg I'd be fine. Never in a million years did I think I'd be wondering if Ill ever walk again thanks to a horse!!
My owner has, I understand Insurance in the form of Third Party /Vets Fees. Now would I be covered under Third party bit because I pay to share the horse?
My Local Authority will pay/contribute to adapting my home to be wheelchair accesible however it is means tested. I am terrified that I may not qualify for any assistance and have to pay for the work myself, I know a wheelchair lift alone can cost 10k plus :(
Understand I do not want to "sue" the owner , I just need to prepare myself for the impending costs. Please do not criticise either becasue I didnt have Insurance. Do you think, I'd be eligible for assistance through my owners Insurance, would rather find out here, if anyone has any experience of this situation if its a flat out NO and not have to bother her, or if its a maybe YES then thats the road I'll have to regretablly travel should I have to pay for the adaptions myself.
Thank you and thanks for reading.
 
Firstly I am so sorry you are having to go through this, can't imagine how you must feel.

I think the only way you will know if you are able to make a claim is to speak to a solicitor really.

My laymans take on it would be you don't have a case if you were aware of the horses history of rearing and chose to ride him anyway but that is an uniformed opinion.

I hope you do make a full recovery and the worst doesn't happen

X
 
Sorry to hear this. I hope you recover well x

My insurance covers anyone riding my horse with my permission for up to 10million pound. I would ask the owner what her insurance covers?

All the best xx
 
No advice, but I am so sorry to hear about your accident, it sounds horrible :(
 
What an awful thing to happen. I am so sorry!
Firstly, there is a big difference between rider insurance, and third party liability. My view on it though is that any horse could go up and over at any time. It may be critical whether you knew he was a reformed rearer or not. If you did, then I don't think the owner would be found liable as it is up to you whether you took the risk or not. You may have a case if the owner falsely represented the horse, for example if they said he had not reared for many years, when in fact he had reared say six months ago. I was riding a horse a while back that had NEVER bucked or reared. However, there was a pain issue that caused her to rear and she almost fell over backwards with me onto a fence. I was very lucky she did not as she was teetering there at the point of no return for a while! She has never reared before or since, so could she be classed as a rearer? I don't know. Probably not, but it would be down to the individual to decide.

You say you don't wish to sue the owner. Unfortunately, this is the only way you could test whether or not her insurance would pay you out. They would only pay out if she was found to be liable, and unless she has misrepresented the horse, I don't think that she would.

I really do hope that you recover from this and are able to walk again. I cannot begin to imagine how it must feel.
 
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I'm so sorry that you find yourself in this situation.
If you work for a local authority, are you in a union? If so they will have a legal department who will be able to answer all your questions and may have an arrangement with a firm of solicitors who will represent you if you need them to.
Best wishes for your recovery.
 
You need to find a good solicitor who is well versed on insurance law. Also find out if indeed the owner had insurance and who it's with.
What does the owner of the horse have to say about your situation, I can't imagine how I would feel if it were one of my horses responsible for such a tragic accident. I did remember your previous post on another thread.
I sincerely hope you can get this sorted out.
 
If I were the owner I think I would do everything I could to explain your relationship to the horse in such a way that you could claim from the 3rd party element of my insurance, I am sure they will feel the same way. Good luck
 
How awful for you op! I don't really have any advice to add to what others have already said but didn't want to read and run. So sorry you are going through such a terrible time and I wish you a full recovery x
 
You are not suing the owner, you are suing her insurer so dont feel bad, she has contributed to that policy for things like this. You do not need to say he was a reformed rearer and neither does she, at the end of the day she must want to make your life better so just fill out the paperwork and get n with it.

Hope all works out okay. Also only the insurers would know if you can claim no one on here would know every case is different.
 
Sorry to hear about your accident. A friend of mine had the same but exact opposite in that she was the horse's owner and he reared with the loaner, injured her and himself and the loaner tried to sting her for damages. My friend had warned her that the horse hadn't been ridden much for years and was unreliable on the road but on day having him she hacked him alone down a busy main road in the rush hour having put a martingale on him - he'd never worn one before. He ran back to the new yard (amazing he found his way back really) through the traffic and had to have several weeks box rest due to injuries when he went up and over. My friend had told the loaner to make sure she had rider-only insurance but she didn't listen to that either. My friend checked regularly how loaner was doing in hospital but the threats started so she withdrew contact and spoke to a solicitor. The loaner didn't have a leg to stand on in law and the case for damages was dropped. Luckily the horse went on to make a full recovery too although I doubt he will ever manage roadwork again (sensitive ex-racehorse). It also turned out that the supposedly experienced loaner (according to a mutual friend who had set the whole thing up in the first place) was only used to cobs and even then, her own father said she was always falling off.

Unfortunately for you, I suspect that as you knew the horse had a habit of rearing (reformed or otherwise) you will not be able to claim either.

Hope you get better soon.
 
Because a horse is an animal, whose natural flight fright instincts cannot be controlled by bit or bridle, it cannot be set in stone that this is the reason for the claim to be thrown out, you will only know if you fill out the paperwork.

I am surprised that a an ex racehore should be scared of traffic they are usually more desensitised that the rest of the horsey group because most of their work is done on roads, even just going from the stable to the gallops, they have vehicles running behind them when they are racing and they have tractors and other machinery dropping off haylage and bedding.
 
Really hope you do get better, but it sounds like you know it's bad. What about trying the BHS? I believe they have a legal dept. As a long shot do you have any RAC or AA membership, union membership through work, which I believe has been mentioned, failing that possibly Citizens Advice. you really need some clear unbiased advice for your situation.
Sending lots of good vibes your way ((()))
 
putasocinit said:
Because a horse is an animal, whose natural flight fright instincts cannot be controlled by bit or bridle, it cannot be set in stone that this is the reason for the claim to be thrown out, you will only know if you fill out the paperwork.

I am surprised that a an ex racehore should be scared of traffic they are usually more desensitised that the rest of the horsey group because most of their work is done on roads, even just going from the stable to the gallops, they have vehicles running behind them when they are racing and they have tractors and other machinery dropping off haylage and bedding.
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Well he hadn't raced for 11 years for a start! He was highly strung and partly thats why he wasn't ridden much because he could be a bit unpredictable. Personally I think my friend babied him too much and wasn't strict enough with him, but as she had back trouble herself and wasn't in a position to argue with him.
 
I would try and claim on the owners insurance, it may not be successful but a least you will have tried.
I had a young lad fall off one of my ponies who fractured his spine in 3 places, it was an accident, no fault or him or the pony and his mum was present at the time. If she had tried to claim negligence for any long term injury it would not have been nice but it would have been for his long term care. As it was he healed well and started riding again.
Try not to get too despondent once the bruising has gone down you may see an improvement.
 
So sorry to hear of your accident.

In my experience of working with Spinal Injuries (which it sounds like if you believe you won't walk again and will be wheelchair bound), the best people to talk to are Stewarts Law personal injury department. Please do not take this on yourself nor start any proceedings without good legal advice.

I am not linked to this company in anyway, but know that they got some fantastic results for some of my clients.

I assume you are in a specialist spinal unit rather than a general hospital; there is a plethora of good advice there as to how to get your house adapted and how to go about getting any benefits/concessions you may be entitled to. The Spinal Injuries Association is another good place to start for these.
 
typical TB lol. when i think how my ex racehorse didnt bat an eyelid at traffic, compared to the cob who i wouldnt swap for anything he hates tractors and stuff.
 
Just to say I am so sorry for the position you find yourself in. I hope that you do make a recovery and can get on with your life.
Please do speaks to a specialist solicitor so you can be certain on that aspect.
As above Unions have excellent links for members if you are in one.
As for adaptions to a home my friend's husband needed them due to a neuro illness, it took over 12 months to sort but the LA did fund them.
You have a journey to recovery ahead of you which may be difficult at times but I hope that you improve more than you expect at present and havevpople around you to help and support you.
 
Nothing to add of any value except I am very sorry to hear of your accident. My own insurance does not cover other riders and my sharers did get their own. The 3rd party was to cover any damage my horses could cause if they became loose but is specifically excluded insurance for other riders so please do check very carefully as you will only get one shot with this. Does your work have access to legal advice as one of your benefits?or your house insurance? I would also start looking for help with charity's as well for support.

Someone I have huge respect for is Clare Lomas who suffered spinal injuries when eventing. She was the inspirational woman who walked the marathon in a week last year with her body suit and cycled this year. I would also reach out to her just to perhaps share experiences.
 
Nothing of much substance to add. I am very sorry to hear of your accident, I hope you make a full recovery.

I guess you won't really know until you try to make a claim. Each case will be treated different so you will just have to wait and see unfortunately. Again, so sorry about your accident.
 
So sorry to hear about your accident.

My insurance with Amtrust covers anyone riding my horse for personal accident which leads to permanent disablement. £20k I think.
My previous insurance policy with NFU only covered the horse's owner for personal accident, and this is one of the reasons why I changed it as my horse is now being shared.

So I think it really depends on the insurance policy. Though I am also surprised the horse's owner hasn't sorted this out for you already. I know I would be devastated if my horse hurt the girl that rides him so very badly!
 
putasocinit said:
You are not suing the owner, you are suing her insurer so dont feel bad, she has contributed to that policy for things like this.
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Though she may well feel immensely stressed by the process , which will take many months if not years, and could face severe difficulty getting other insurances of many types in the future.

You do not need to say he was a reformed rearer and neither does she, at the end of the day she must want to make your life better so just fill out the paperwork and get n with it.
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Yes you do, the alternative would be fraud.
 
Sorry to hear of your accident. All I can add is to get in contact with Citizen's Advice. If you can find a disability services in your town for confidential advice too. All the best xx
 
I am a qualified lawyer with experience of insurance.

There is a whole lot of rubbish posted on this form about law and insurance, including on this thread. There is some very dangerous advice dished out.

Please go and get proper advice.

You may be able to get free advice via membership of an organisation like BHS, WHW, PC etc or via your work, especially if you are a union member or a member of a professional organisation. Also check to see whether you have legal cover with your home insurance or any other policy. If not try a no win no fee firm of lawyers.

Also check to see whether you have personal accident cover on your mortgage, through work, or connected to any other policies as they may pay out.

I will try to post a more detailed reply or send a PM when I'm on a computer rather than the phone.

The advice you received not to get insurance was wrong. I would urge anyone unsure about whether they can get appropriate insurance to speak to a broker NOT a forum of horsey folk.
 
Please check if you do use the no win, no fee lawyers, the arrangement changed in April, not sure it even exists anymore. Unfortunately, if you agreed to ride the horse knowing it is a reformed rearer, I'd say it's unlikely you can sue as you were aware of the risks. As Kat says, get proper advice.

Hope you heal with no complications, it sounds awful.
 
cptrayes - then she would be one of the millions of others who have not given all the information, however i do not believe you can hold an animal to anything, it does not have rational mentality, it also doesnt speak or sign its name to say it is cured.

i know if it was me i would be more concerned about someone who was injured and whose future might be in peril because of the injury to be covered by the insurance, than worry about me trying to get insurance again, wouldnt you, or should that person just suffer.
 
I do not believe, correct me if I am wrong, there would be a question on the form that said "did you know this unpredicatable animal with 4 legs was going to rear and fall over backwards with you on top?", just like there is no question when claiming for injuries from a car accident "did you know the car was going to come speeding around the corner on the wrong side of the road, if you did why didnt you go to the other side of the road".
 
Best advice is to speak to a solicitor. Are you a member of the BHS as you could have automatic insurance cover? At the very least, you will get free advice. So sorry for the situation you find yourself in, and the pain and suffering you must have gone through, and probably still are...
 
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