Illusion100
Well-Known Member
Best wishes for a full and speedy recovery. How awful. xx
My horse was hit by a car - where do I stand legally?
- Thread starter little_flea
- Start date
el_Snowflakes
Well-Known Member
agree with this........
Sorry your in this really awful situation, hope Vanilla makes a speedy recovery.
AmieeT
Well-Known Member
Do what Fides has said. Get a copy of that Act of Parliament and tell the police if they do nothing you'll be writing to the IPCC and quoting it to them!! That act contains the law and it's their job to uphold it.
Makes my blood boil that people get away with this!!!
I hope Vanilla recovers quickly
Very glad you can get him home soon
Ax
Makes my blood boil that people get away with this!!!
I hope Vanilla recovers quickly
Very glad you can get him home soon Ax
weebarney
Well-Known Member
Are you or your family in a union so you can get a free solicitor ? Do your research, know your rights and pester Dvla , police , everyone til something is done .
MochaDun
Well-Known Member
Dreadful 
I hope your horse recovers soon. I don't believe this person should be able to get away with it - say it had been a cycle bike, bike broken/buckled by a car but cyclist OK would no-one be interested in taking if further? Or if it had been the rider injured not the horse or the rider as well as the horse... My worry is that if one driver thinks they can get away with such driving and injure a horse there will be many others not afraid of driving off either... It will be like dodgems for horses on the roads
I hope your horse recovers soon. I don't believe this person should be able to get away with it - say it had been a cycle bike, bike broken/buckled by a car but cyclist OK would no-one be interested in taking if further? Or if it had been the rider injured not the horse or the rider as well as the horse... My worry is that if one driver thinks they can get away with such driving and injure a horse there will be many others not afraid of driving off either... It will be like dodgems for horses on the roads Toby_Zaphod
Well-Known Member
Let the Police deal with the incident initially, that's the 'criminal' side sorted out, but keep in touch with the reporting officer & keep pressure on for them to follow through & press for a prosecution. The fact that you reported the matter to them doesn't negate the driver of the car from reporting the collision. He has to report the collision 'as soon as practicable & certainly within 24 hours'. If he hasn't then he commits a separate offence in addition to any 'due care & attention' 'due consideration' etc offences arising. If the Police Officer dealing doesn't do anything, basically because he's lazy, then contact the local MP in writing & get him to pursue the matter for you. When a letter arrives with the 'House of Commons' letter head then things get looked at differently.
Then contact a solicitor, it doesn't need to be a specialist equine solicitor at all, it's a RTC, not a claim for a not as described horse etc. This course of action will be civil procedings for you to claim damages, you may even find that your horse insurance may pay for the action. If the Police succeed with their case that can only strengthen your civil case. Good Luck & I hope your horse recovers.
Then contact a solicitor, it doesn't need to be a specialist equine solicitor at all, it's a RTC, not a claim for a not as described horse etc. This course of action will be civil procedings for you to claim damages, you may even find that your horse insurance may pay for the action. If the Police succeed with their case that can only strengthen your civil case. Good Luck & I hope your horse recovers.
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ladyt25
Well-Known Member
I assume you are not insured for vets fees hence why your insurers aren't that interested? If you are insured for vets fees then obviously log as a claim and your insurers will pursue the car driver's insurer's. I assume this is logged with the police as an incident? Can't they charge the driver and assist you in obtaining the insurance details to claim for damages /costs that you have incurred?
Otherwise, check your insurance cover /call your insurers and ask them to clarify as, generally there is a legal expenses section and, as far as I recall this section is often specific to incidents with third party motor vehicles for uninsured loss recovery. It is for these types of situation. Log it with them (it's generally a separate contact number in your policy wording) and they can then pursue the car driver for damages.
Otherwise, check your insurance cover /call your insurers and ask them to clarify as, generally there is a legal expenses section and, as far as I recall this section is often specific to incidents with third party motor vehicles for uninsured loss recovery. It is for these types of situation. Log it with them (it's generally a separate contact number in your policy wording) and they can then pursue the car driver for damages.
little_flea
Well-Known Member
Thank you very much everyone. Horse is insured for
Vet fees but I'd rather the driver paid than me making a claim in my policy - Vanilla is great out hacking, and rider was wearing hi-vis...
Vet fees but I'd rather the driver paid than me making a claim in my policy - Vanilla is great out hacking, and rider was wearing hi-vis...
CBAnglo
Well-Known Member
Everyone's worst nightmare, so sorry for you and vanilla and your sister must be pretty shaken too.
I have no idea about these things (corporate law doesn't really translate to being able to give "real life" advice) however I would agree that I would pursue this with the police (it is failure to stop) by writing a letter to the reporting police station. Did they give you a crime reference number when you first reported it?
Also, not sure about the insurance but I would be tempted to make a claim and then get them to pursue the driver (did you ask if they will do that?) its a bit like when you make a claim on your car insurance and then they have to go after the other party.
Good news that Vanilla is well and coming home soon.
I have no idea about these things (corporate law doesn't really translate to being able to give "real life" advice) however I would agree that I would pursue this with the police (it is failure to stop) by writing a letter to the reporting police station. Did they give you a crime reference number when you first reported it?
Also, not sure about the insurance but I would be tempted to make a claim and then get them to pursue the driver (did you ask if they will do that?) its a bit like when you make a claim on your car insurance and then they have to go after the other party.
Good news that Vanilla is well and coming home soon.
Mithras
Well-Known Member
Aside from any criminal case against the driver, you will be able to claim in civil law for damage to property (Vanilla), injuries (e.g. nervous shock) to your sister, and any consequential losses such as insurance excess, loss of use or diminished use or value (may be difficult to prove and require expert witness evidence).
You do not have to go through your insurance company to do this and a solicitor will help you claim off the driver's insurance.
You do not have to go through your insurance company to do this and a solicitor will help you claim off the driver's insurance.
Cheshire Chestnut
Well-Known Member
I work for the police myself and although they will want to help you as much as they can (believe me, we like to catch the bad guys), police's hands are tied by the CPS - we can only do what they allow us to do, which can sometimes feel is not a lot. Best case is that the offender can be charged with leaving the scene of a road traffic collision and may end up with a fine, points or evena prison sentence. Most likely if this person is not really known to the police prior to this, the CPS will decide on a fine and/or points, not very helpful to you or as ways of punishment. The CPS can sometimes feel as though they stick up more for the offender than the victim, it is grossly unfair but that is the way it is.
My advice as a fellow horse rider rather than in the police - after the police have got back to you, go to one of the 'No Win, No Fee' lawyers. As much as I hate them for what they do to small businesses for people slipping on a wet floor and other crazy cases, your incident is very worthwhile and they will take on your case in a flash. Your horse was injured in an accident and because this offender left the scene of the RTC, you can sue from his insurence to cover the costs of the medical treatment and also for 'damages'.
I would do a DVLA check on the car ASAP just incase the person ends up selling it and then you run the risk of never knowing who they are.
Good luck and please don't be mad with the police, they can only do what they're allowed to do. It's so frustrating when the law of the land doesn't back you up.
My advice as a fellow horse rider rather than in the police - after the police have got back to you, go to one of the 'No Win, No Fee' lawyers. As much as I hate them for what they do to small businesses for people slipping on a wet floor and other crazy cases, your incident is very worthwhile and they will take on your case in a flash. Your horse was injured in an accident and because this offender left the scene of the RTC, you can sue from his insurence to cover the costs of the medical treatment and also for 'damages'.
I would do a DVLA check on the car ASAP just incase the person ends up selling it and then you run the risk of never knowing who they are.
Good luck and please don't be mad with the police, they can only do what they're allowed to do. It's so frustrating when the law of the land doesn't back you up.
Kat
Well-Known Member
PM me I can help.
If he is in the vet hospital you are likely to have losses in excess of £5k in the end so this will not be a small claim and you should be able to recover compensation.
And hassle the police until they investigate. I see lots of cases that they don't follow through that they should. Keep pushing them to deal with this as a hit and run and a case of dangerous driving. If you don't get any progress speak to a more senior officer.
If he is in the vet hospital you are likely to have losses in excess of £5k in the end so this will not be a small claim and you should be able to recover compensation.
And hassle the police until they investigate. I see lots of cases that they don't follow through that they should. Keep pushing them to deal with this as a hit and run and a case of dangerous driving. If you don't get any progress speak to a more senior officer.
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ladyt25
Well-Known Member
But that's the point, speak to your insurers about claiming for the vets fees but give them the licence plate of the person and the police ref number and make it very clear you want them to pursue the 3rd party insurers for the fees. Speak to them about the legal expenses section on your policy - I am pretty sure this should be an automatic section on your policy - if it is covered under there then ring the legal expenses insurers and they can start the ball rolling. The limits are normally 50k to 100k for solicitors fees and damages etc. Don't just sit back and fork out the money, the driver was at fault!
cremedemonthe
Well-Known Member
If you want legal advice try Hanna Campbell, she's a specialist Equine Solicitor and can be found here:
www.horsesolicitor.co.uk
www.horsesolicitor.co.uk
Red-1
I used to be decisive, now I'm not so sure...
Your accident certainly falls into the category where the Police should investigate. It is a recordable road traffic accident, and although it could have been dealt with between the two parties (as a non injury accident), you suffered loss - damage to your horse and the other party has not stopped and reported his details to you, or presumably the Police within 24 hours.
I would firstly contact the Officer dealing, if this has no joy (it may just be that he/she has been on their days off) then I would go and make a complaint to see the duty Inspector at the station, by appointment.
The Police are bound to give you the details of the other party.
Which county are you in?
As far as your insurance goes, I would think they will indeed wish to reclaim their losses.
I would think you have losses too, including distress and loss of enjoyment. Also the time that you have spent tending to your horse.
There is the no win no fee route, but I have known a lot of people not be satisfied with this, me included, who then decided not to proceed. In my case it was because it upset me so much to hear lies told about me and my horse. When I and the others decided not to proceed the no win no fee then will ask for all their work so far to be paid for, so it costs to withdraw your claim if it is not followed through.
In your case you say he hit you, no doubt he would say your horse jumped backwards onto his car (this is what happened in my case anyway!). Sadly it will always be your word against his.
I would agree with cremedemonthe, I would have an introductory conversation with a specialist equine solicitor if you are not satisfied, but personally I would first make sure the Police gave me his details, then see how accommodating the guilty party is. Solicitors charge by the minute, and having these facts will reduce the bill. You may also find that if the guilty party admits his part in it to the Police (as they will have to interview him) then his insurance may well be rather accommodating if you are reasonable with them.
I would firstly contact the Officer dealing, if this has no joy (it may just be that he/she has been on their days off) then I would go and make a complaint to see the duty Inspector at the station, by appointment.
The Police are bound to give you the details of the other party.
Which county are you in?
As far as your insurance goes, I would think they will indeed wish to reclaim their losses.
I would think you have losses too, including distress and loss of enjoyment. Also the time that you have spent tending to your horse.
There is the no win no fee route, but I have known a lot of people not be satisfied with this, me included, who then decided not to proceed. In my case it was because it upset me so much to hear lies told about me and my horse. When I and the others decided not to proceed the no win no fee then will ask for all their work so far to be paid for, so it costs to withdraw your claim if it is not followed through.
In your case you say he hit you, no doubt he would say your horse jumped backwards onto his car (this is what happened in my case anyway!). Sadly it will always be your word against his.
I would agree with cremedemonthe, I would have an introductory conversation with a specialist equine solicitor if you are not satisfied, but personally I would first make sure the Police gave me his details, then see how accommodating the guilty party is. Solicitors charge by the minute, and having these facts will reduce the bill. You may also find that if the guilty party admits his part in it to the Police (as they will have to interview him) then his insurance may well be rather accommodating if you are reasonable with them.
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Darremi
Well-Known Member
Were there any other witnesses to the incident?
LittleRooketRider
Well-Known Member
no expert but what happened sounds like it could cover the following; dangerous driving, damage to property/person as well as hit and run...all serious offenses
keep pestering the police and insurance an get on to an equestrian solicitor........sue his pants and all four wheels off of him.
wishing vanilla all the best
keep pestering the police and insurance an get on to an equestrian solicitor........sue his pants and all four wheels off of him.
wishing vanilla all the best
fatpiggy
Well-Known Member
Dreadful
I was cycling to work one morning and going down the centre line preparing to turn right when a car overtook me and knocked me off. Bike was trashed and I had to go to hospital (luckily only the other side of the parallel road) to have my arm checked out. The driver only stopped when he saw me jump up off the ground - I could see him watching me in his mirror as I slid down the road on my back. If I hadn't have moved, he would have done one I'm sure. The two cars behind him drove around me in the road and drove off (charming). The police basically told me it was my own fault for having the temerity to cycle on the road, lost my statement, lied to my face about the lost statement and simply warned the driver to watch where he was going next time. I was a member of the CTC so contacted the solicitor there, but without a witness he advised me to drop the case and claim on my own insurance as if I'd claimed off the driver's he would have counter-claimed against me for the damage to his car (my pedal had punched a large hole right through the rear passenger door, excellent!) so my fully comp insurance paid out for my claim. Just to replace the bike cost £750 and that was back in 1993. I was doing nothing wrong, had been signalling that I was turning right for 100 yards - he was speeding, overtook me recklessly, having tried to overtake me on the inside first and told the police that I had simply cycled into the side of his car. They took his side because it meant they could close the case and count it as solved. Don't expect any help from the law I'm afraid.
putasocinit
Well-Known Member
After claiming from your insurers, send him a really nice letter with photos of your horses injury and post them on the net, pity you couldnt find out where he worked and send his boss some piccies too.
suestowford
Well-Known Member
Please also report this to the BHS who log road accidents involving horses.
Hope your horse is better soon.
Hope your horse is better soon.
weebarney
Well-Known Member
Remember a civil case is different to a criminal case. Civil is judged on probability, rather than beyond reasonable doubt. So it may be your word against his but if the judge thinks he was probably at fault and caused the accident then 'hey presto ' . Myself and my husband have only just won a civil case for £5k so it is fairly fresh in my mind.
On another case although this may not be strictly legal lol I bought a 2nd printer off a lady in good faith but upon getting it home found it didn't work. I politely asked the lady if maybe she could advise me on what was wrong or could she take a look at it and all I got was a snotty reply asking me have I turned it on etc????
So I told her if she didn't give me my money back I was going to send all her neighbours in her posh street a letter telling them what sort of person she is and include extracts of her texts. ... Well I got my money back after that
On another case although this may not be strictly legal lol I bought a 2nd printer off a lady in good faith but upon getting it home found it didn't work. I politely asked the lady if maybe she could advise me on what was wrong or could she take a look at it and all I got was a snotty reply asking me have I turned it on etc????
So I told her if she didn't give me my money back I was going to send all her neighbours in her posh street a letter telling them what sort of person she is and include extracts of her texts. ... Well I got my money back after that
onemoretime
Well-Known Member
BRILLIANT really well done. It needs more of this to show people up!!!Remember a civil case is different to a criminal case. Civil is judged on probability, rather than beyond reasonable doubt. So it may be your word against his but if the judge thinks he was probably at fault and caused the accident then 'hey presto ' . Myself and my husband have only just won a civil case for £5k so it is fairly fresh in my mind.
On another case although this may not be strictly legal lol I bought a 2nd printer off a lady in good faith but upon getting it home found it didn't work. I politely asked the lady if maybe she could advise me on what was wrong or could she take a look at it and all I got was a snotty reply asking me have I turned it on etc????
So I told her if she didn't give me my money back I was going to send all her neighbours in her posh street a letter telling them what sort of person she is and include extracts of her texts. ... Well I got my money back after that
PeterNatt
Well-Known Member
Firstly report the accident on the www.horseaccidents.org.uk web site.
The police should have given you an 'incident number' and if you do not have one you need to go back to the police station and get one as this will ensure that this accident is recorded in their system.
If no progress is made then make a formal complaint to the chief constable of the area and ask him to investigate.
If the driver is prosecuted then once this has gone through the courts instruct a specialist equine solicitor to take a civil action against the driver.
List of specialist equine solicitors is below:
Deborah Hargreaves
Edmondson Hall Solicitors and Sports Lawyers
25 Exeter Road
Newmarket
Suffolk
CB8 8AR
Tel: 01638 560556
Tel: 01638 564483
E: solicitors@edmondsonhall.com
E: ah@edmondsonhall.com
www.edmondsonhall.com/page/1r6ef/Home/partner.html
Wroyte an article on The Legal pitfalls of Buying and Selling Horses
Actons
Tel: 0115 91002200 Caroline Bowler
Mark Carter
White Bowker Solicitors
Tel: 01962 844440
www.wandb.co.uk
mark.carter@wandb.co.uk
Helen Niebuhr
Darbys Solicitors
52 New Inn Hall Street
Oxford
OX1 2QD
Tel: 01865 811 7000
01865 811712
Fax: 01865 811 777
www.equine-law.net
E: equine@darbys.co.uk
Jaqcui Fulton Equine Law
Tel: 0121 308 5915
jf@equinelawuk.co.uk
www.equinelawuk.co.uk
Hannah Campbell (Specialise in compensation cases)
Tel: 01446 794196 (Specialises in traffic accidents involving horses)
www.horsesolicitor.co.uk
info@horse solicitor
Elizabeth Simpson Senior Solicitor at law firm Andrew M Jackson
Tel: 01482 325242
www.andrewjackson.co.uk
enquiries@andrewjackson.co.uk
David Forbes or Belinda Walkinshaw
Pickworths Solicitors
6 Victoria Street
St Albans
Hertfordshire
AL1 3JB
01727 844511
Mark de-villamar Roberts
Langleys Solicitors Equine Law Group
Tel: 01904 683051
E: mark.Roberts@langleys.com
www.equinelawyers.co.uk
Elizabeth Simpson
Senior Solicitor
Andrew Jackson
Yorkshire
Tel: 01482 325242
www.andrewjackson.co.uk
Richmond Solicitors
13-15 High Street
Keynsham
Bristol
BS31 1DP
Tel: 0117 986 9555
Fax: 0117 986 8680
enquiries@richmonssolicitorsco.uk
Jacqui Fulton
Giselle Robinson Solicitors
Knights Solicitors
Tunbridge Wells
Tel: 01892 537311
www.knights-solicitors.co.uk
Work with GRC Commercial Bailiffs
Senior partner very good on equine matters
Horse Solicitor
Tel: 01446 794 196
info@horsesolicitor.co.uk
www.horsesolicitor.com
www.laytons.com
Mary Ann Reay Charles or Chris Shaw
Shaw and Co Solicitors
Equine Law Specialists
Tel: 0800 019 1248
info@shawandco.com
www.shawandco.com
Arnold Thomson
205 Watling Street West
Towcester
Northants
NN12 6BX
Tel: 01327 350266
Fax: 01327 353567
www.arnoldthomson.com
enquiries@arnoldthomson.com
Tozers www.tozers.co.uk
Eleanor Temple Barrister from Kings Chambers in Leeds
Tel: 0113 242 1123
www.kingschambers.com
The police should have given you an 'incident number' and if you do not have one you need to go back to the police station and get one as this will ensure that this accident is recorded in their system.
If no progress is made then make a formal complaint to the chief constable of the area and ask him to investigate.
If the driver is prosecuted then once this has gone through the courts instruct a specialist equine solicitor to take a civil action against the driver.
List of specialist equine solicitors is below:
Deborah Hargreaves
Edmondson Hall Solicitors and Sports Lawyers
25 Exeter Road
Newmarket
Suffolk
CB8 8AR
Tel: 01638 560556
Tel: 01638 564483
E: solicitors@edmondsonhall.com
E: ah@edmondsonhall.com
www.edmondsonhall.com/page/1r6ef/Home/partner.html
Wroyte an article on The Legal pitfalls of Buying and Selling Horses
Actons
Tel: 0115 91002200 Caroline Bowler
Mark Carter
White Bowker Solicitors
Tel: 01962 844440
www.wandb.co.uk
mark.carter@wandb.co.uk
Helen Niebuhr
Darbys Solicitors
52 New Inn Hall Street
Oxford
OX1 2QD
Tel: 01865 811 7000
01865 811712
Fax: 01865 811 777
www.equine-law.net
E: equine@darbys.co.uk
Jaqcui Fulton Equine Law
Tel: 0121 308 5915
jf@equinelawuk.co.uk
www.equinelawuk.co.uk
Hannah Campbell (Specialise in compensation cases)
Tel: 01446 794196 (Specialises in traffic accidents involving horses)
www.horsesolicitor.co.uk
info@horse solicitor
Elizabeth Simpson Senior Solicitor at law firm Andrew M Jackson
Tel: 01482 325242
www.andrewjackson.co.uk
enquiries@andrewjackson.co.uk
David Forbes or Belinda Walkinshaw
Pickworths Solicitors
6 Victoria Street
St Albans
Hertfordshire
AL1 3JB
01727 844511
Mark de-villamar Roberts
Langleys Solicitors Equine Law Group
Tel: 01904 683051
E: mark.Roberts@langleys.com
www.equinelawyers.co.uk
Elizabeth Simpson
Senior Solicitor
Andrew Jackson
Yorkshire
Tel: 01482 325242
www.andrewjackson.co.uk
Richmond Solicitors
13-15 High Street
Keynsham
Bristol
BS31 1DP
Tel: 0117 986 9555
Fax: 0117 986 8680
enquiries@richmonssolicitorsco.uk
Jacqui Fulton
Giselle Robinson Solicitors
Knights Solicitors
Tunbridge Wells
Tel: 01892 537311
www.knights-solicitors.co.uk
Work with GRC Commercial Bailiffs
Senior partner very good on equine matters
Horse Solicitor
Tel: 01446 794 196
info@horsesolicitor.co.uk
www.horsesolicitor.com
www.laytons.com
Mary Ann Reay Charles or Chris Shaw
Shaw and Co Solicitors
Equine Law Specialists
Tel: 0800 019 1248
info@shawandco.com
www.shawandco.com
Arnold Thomson
205 Watling Street West
Towcester
Northants
NN12 6BX
Tel: 01327 350266
Fax: 01327 353567
www.arnoldthomson.com
enquiries@arnoldthomson.com
Tozers www.tozers.co.uk
Eleanor Temple Barrister from Kings Chambers in Leeds
Tel: 0113 242 1123
www.kingschambers.com
ILuvCowparsely
Well-Known Member
|I would speak to a solicitor or the BHS this **** could do it again if he isn't pulled up for it.
el_Snowflakes
Well-Known Member
Exactly, why should you have to put your premiums up? If the driver had hit another car it would be his insurance that would have to pay out!
hoggedmane
Well-Known Member
Unfortunately not the case. My OH has been hit three times - two were not insured and the third our insurance did a 50/50 without consulting us and it was not his fault.
kizzyjerry
Well-Known Member
Pop in to your local station and ask the admin procedure for accident reports - some forces take the initial report which is sent for recording AND THEN allocated to an officer to investigate, which sometimes takes a bit of time -it maybe the case this is still going through that process (apologies if i have missed something in the thread to say otherwise) If its a case that you just haven't heard anything its worth talking directly to the peeps working at the stations rather than calling a call centre as the front counter staff will have more of an idea of admin stuff particular to that station.
nikkimariet
Well-Known Member
No legal advice, but couldn't read and run.
How awful! Poor you, sis and V Fingers crossed everything gets sorted xxxx
How awful! Poor you, sis and V
Fingers crossed everything gets sorted xxxx