Loan Horse broke my back, where do I stand?

Maree_t the British Horse Society provides limited personal accident and third party liability insurance cover to its members, so the disabled child could join and get that cover. But that doesn't mean the people will do as advised and maree_t their insurance doesn't cover you if for some reason they decide to try to sue you. You could insure the horse yourself and include personal injury cover, naming the disabled child and the mother on the insurance to make sure they're covered too. I know that if you as the horses owner took out BHS membership yourself, it would also cover the child and mother under the third party liability section but I don't know whether it would cover them under the personal injury section.


The bit I don't really understand about this thread is how anybody can claim on a share horses third party insurance. I'm not an insurance expert, but my understanding of it would be that *if* the owners insurance covered the sharer, it would cover them in such a way as to give the sharer the same cover as the owner... ie with regards to third party liability that would mean the sharer would be covered against the horse damaging a third party or their property, in the event of a claim, just as the owner is.

Whether the owners insurance covers the sharer or not, I don't see how the sharer could be considered to be a 'third party' for the purposes of a claim. My understanding of it would be that the sharer could claim for personal injury *if* they were covered by the owners insurance and *if* the owner had personal injury cover as part of their insurance. The owner does not have personal injury cover so there could be no claim IMO. I'm really surprised there has been a 6 page thread discussing it.

Claiming against a riding school etc is different because they're a business hiring out horses. Sharers don't pay per ride, they pay towards the cost of the horses upkeep and in return they get to care for and ride the horse. It's an arrangement between friends rather than purchasing a service (hire of horse/instruction) as a business arrangement.

The only exception I can possibly see causing grounds for sueing the owner is if the sharer had not been told of the horses ridden or behavioural issue applicable to the accident/injury before agreeing to the share.
 
Couple of extra things to add which haven't been picked up on.

1. It is not horribly expensive for insurance to ride. My sharers paid between £35 and £45 per annum each. No idea of what cover it would pay but worth looking at. There is another sort of insurance which is for personal injury and that is expensive. I am covered through work or would pay out for this because as my brother forcefully pointed out, my best earning asset is...myself and I would be up the proverbial creek if unable to work.
2. Every insurer asks if the horse has any known vices. Rearing is a vice which further complicates the issue.

But 100% wish you every piece of good luck going to get better. Will be praying for you.
 
I don't really know anything about being a Civil Servant but surely having such a position would ensure you receive the best treatment and support.
Just curious also as to how many ribs you broke ?
As I said before I really wish you well.
 
cambrica said:
I don't really know anything about being a Civil Servant but surely having such a position would ensure you receive the best treatment and support.
Just curious also as to how many ribs you broke ?
As I said before I really wish you well.
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Hi there, 5 ribs on left hand side, two ribs broken twice. Could have been a hell of a lot worse considering the horse landed on top of me so I count my lucky stars. At least i'm alive. The pain is managed with a combination of oromorph and a morphine pill, and gabapentin which I think is for my legs. Being a civil servant simply means I'd receive full pay for 6 months then half pay then I don't even know what. I know they wouldn't assist with adapting my home which is my main concern.
 
Neburu said:
Did you have a loan agreement? If so, did it mention the rearing and that the owner cannot be held responsible if you were to become injured whilst riding this horse?

You need to speak to a solicitor who is experienced with insurance and if you do have a loan agreement I'd be looking at what i signed in it and getting a solicitor to have a look to.
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I did sign a loan agreement , i insisted upon it. no mention was made of the horse rearing.the owner stated on numerous occasions that she would never put me in a position of danger or risk my health because she needed my contributions to be able to afford the horse. She mentioned the horse had reared with a previous owner but hadn't with her, very much giving the opinion that the horse was safe. Sadly, i chose to believe her.
I aim to seek legal advice from both the Bhs and a local law firm who I've been told has experience with equine accidents.
 
henmother said:
Hi there, 5 ribs on left hand side, two ribs broken twice. Could have been a hell of a lot worse considering the horse landed on top of me so I count my lucky stars. At least i'm alive. The pain is managed with a combination of oromorph and a morphine pill, and gabapentin which I think is for my legs. Being a civil servant simply means I'd receive full pay for 6 months then half pay then I don't even know what. I know they wouldn't assist with adapting my home which is my main concern.
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I do quite a lot of work and running around (hospital appts etc) for a lady who has had many adaptions in her home. All were paid for through the local council and a local company called The Disability Resource Centre. You may find that kind of help in your area which would certainly give you a small amount of peace of mind.
 
wench said:
Have you got proof that the owner is lying about rearing?
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sorry, I don't understand. Do you mean.proof that the horse hadn't reared with owner or had with a previous owner? I don't have proof of either of those facts but do know people that could verify the statement made by the current owner, on several occasions at least.
 
cambrica said:
I do quite a lot of work and running around (hospital appts etc) for a lady who has had many adaptions in her home. All were paid for through the local council and a local company called The Disability Resource Centre. You may find that kind of help in your area which would certainly give you a small amount of peace of mind.
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my local authority would , provided I qualify, complete the work. However they have a threshold , if I'm not eligible,I'll have to pay for work.should they decide i don't need a stair lift and can live on the lower floor of my property, then it would be me that would have to cover the cost of lift/ extra chair. I've not heard of the disability resource centre but will mention it to the units social worker, hopefully there will be one local. thankyou, peace of mind is what i need. It feels as if all control has been ripped away at the moment.
 
Speak to your solicitor!

I did check recently as there was an incident with one of my liveries while riding my horse. The horse is not a novice ride but the livery knows this and is competent - usually. But she did something very silly, the horse reacted just as I would have expected, the livery came off, the teenager she was escorting also came off, and it ended with a car being damaged and the two horses galloping riderless 2 miles home.

It gave me a real wake-up call, and I checked with my insurance. They said that, had there been any injury to the livery I would be covered through my Third Party and Public Liability insurance, because NO MONEY HAD CHANGED HANDS FOR THE RIDE. I simply did her a favour.

But as you have no insurance you really must take proper legal advice. (I suppose there is no caluse to cover your accident through your household insurance?)

I'm so very sorry for your ghastly accident, and I think that all of us who read this need to think seriously about having adequate insurance - not to be like the USA, universally litigious, but simply to be able to fund change-of-life necessities.
 
This is a totally inadequate reply, but I just wanted to wish you all the very best in your recovery, and I sincerely hope you are able to walk again some day.
 
Not quite sure when you had this accident. Did you post when you were first hurt as you seemed unsure of your injuries. Are you in the same situation of not knowing if you will walk, is your back broken and your spine damaged or do you have broken ribs. Either way I feel sorry for you and hope its the latter.
It is so difficult loaning out a horse as accidents can happen and rider ability is so difficult to judge. This sounds a complicated case and the horse not rearing with its owner does not mean it wouldnt rear with you as you sound less experienced. We had a lady move down our road who said she had ridden racehorses ect and we were happy to let her help us exercise. 2 minutes on our horse and we could see she was what we would term a novice so we had to tell her.
Hopefully you will recover but all accidents have some long term damage, get some good advice.
 
No useful advice that hasn't already been added OP but just wanted to say that I am so sorry to hear of your accident and injuries and I can totally see why peace of mind, especially re financials is so important to you right now.

I really, really hope you are able to make a claim of some sort. If I was the owner, I think I would be so distraught, I'd pay for the chair lift myself if need be!!!!! But I am hoping it won't come to that as hoping you will make a full recovery so chair lift won't be needed!

Get well soon
 
carthorse said:
Not quite sure when you had this accident. Did you post when you were first hurt as you seemed unsure of your injuries. Are you in the same situation of not knowing if you will walk, is your back broken and your spine damaged or do you have broken ribs. Either way I feel sorry for you and hope its the latter.
It is so difficult loaning out a horse as accidents can happen and rider ability is so difficult to judge. This sounds a complicated case and the horse not rearing with its owner does not mean it wouldnt rear with you as you sound less experienced. We had a lady move down our road who said she had ridden racehorses ect and we were happy to let her help us exercise. 2 minutes on our horse and we could see she was what we would term a novice so we had to tell her.
Hopefully you will recover but all accidents have some long term damage, get some good advice.
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Accident was 27th June, I have, broken back, which was operated on and the shattered bone was replaced with pelvic bone graft. The fractured ribs, 5, 2 0f which are fractured twice, one which is right on my bra line which is is a bother, not too mention painful. Ribs must have punctured lung.
I rode the horse more than the owner and consider myself competent, as do others who have seen me ride. I'm not fantastic or perfect but i'm safe and manage to stay aboard through her spooks and even her massive splat rear! Had i not ridden the horse she probably wouldn't have been ridden. Many people said she was scared of the horse, yet she was adamant the horse would do me no harm, and that she'd never put me in a position of danger. This lady has no money , she is moving the horse onto grass livery and apparently looking for a "husband" so she can have a foal to pay for her keep. She would never be able to contribute to any disability aids. I'm afraid claiming on her insurance would be the only way i could get financial assistance from her.
Consultants have told me it will take at least a year to see if the nerve damage will mend, then, they'll be able to determine whether or not i can walk again. Noticed my legs look like toothpicks, being a rider I've always had substantial calves, its all so alien to me.
Thanks for support.
 
amymay said:
How long had you had the horse on loan before the accident happened?
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I think it has been since Aug/Sept. I'm waiting for my boyf to bring the loan agreement in so I have it to hand when I contact bhs/solicitor. He juat wants to burn all my horsey stuff!
She has had some silly moments but I just accepted that as standard for her, she is a bit silly but has never been life threatening or I'd have ended the loan without hesitation. I love riding but like life more.
 
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