Taking action against driver who killed my horse and injured me

tobiano1984

tobiano1984

Well-Known Member
Joined
9 February 2012
Messages
1,017
Visit site
This follows on from my other post regarding my accident last week (my horse and I were hit by a van while hacking, he had to be put down, I was hospitalised for 5 days and have lots of broken bones). I am touched by all the lovely comments, support and advice. Due to the number of comments on the other post I didn't want this to get lost so thought I'd start another. Quite a few people commented on taking action against the driver so I just wanted to see if anyone has advice/experience in this.

The police cautioned him for careless driving but said they will struggle to press charges due to lack of independent witness. There were two others in the van who no doubt back up his story that he slowed down and it wasn't his fault. Unfortunately the lady riding with me was in front of me so didn't see the accident, although she told the police that she felt the van was travelling too fast and she had to 'breathe in' as it passed.

They did slow down but it was from what I perceived to be around 60mph to about 20mph, which is a reduction but still fast to squeeze past a horse on. The road is also not very wide - two cars can pass but not by much, and most cars that pass us on horses take a wide berth giving you about 2-3 horses widths. The nature of the accident would suggest that they hardly gave us any room.

They did stop so the police have their details. At first they had a go at us for generally being on the road but I think realised the situation was a bit more serious so shut up and stood by.

Someone on here mentioned instructing an equine solicitor to take civil action - I wondered if anyone had experience of what this involves etc. I'm not made of money so I don't want to spend money on it to be left with nothing. My insurance will pay out for the veterinary/disposal costs but I'm not covered for personal accident. I didn't insure Rupert for very much (I think only £550 as that's what I paid for him, although at time of death he was easily worth £5-6k).

The accident has left me unable to walk for at least 8 weeks (broken foot, broken elbow) and as I run a livery/training yard this will have an impact on my earnings. I'm lucky to have support from friends and family but whilst it's not the end of the world if I can't claim compensation I guess it's worth a try and will also send a message out to other drivers and perhaps go some way towards building awareness to horses on the road.

Any advice would be gratefully received.
 
Have read your other post (with tears rolling) and can't even comprehend how you must be feeling, it's awful. Don't have much to suggest other than remembering seeing something in a horsey mag about the BHS running a campaign or collecting info or something about accidents involving vehicles where the horses lost their lives. Sorry that's not much help but suddenly came to me. Hope you get the help you need and deserve.
 
If you are a member of the BHS contact their legal department, otherwise speak to an independent solicitor. The initial chat is normally free and you can then decide if to take it further. Also get loads of photos of where the accident happened showing width of the road.
 
*you* were injured badly . Can you say the words * no win no fee?* if he accepted a police caution he accepted that he was in the wrong . You are home and dry on the civil front . Broken bones + psychological stress of losing your horse = BIG pay out . Speak to a couple of the ambulance chasers or check out your home insurance for legal cover. Also keep records of what you have to spend/ loss of earnings in the interim his insurance company is going to need those to compensate you for your expenses . BUT REMEMBER this won't be quick it can take years to sort out.
 
I would contact Solicitors who offer 'No win No Fee' I would imagine they would start proceedings against the Van drivers insurers - no harm in making an enquiry. Best of luck.
 
Just texted a judge friend of mine who thinks you are probably looking in excess of 50k - won't bring Rupert back but could make life a little easier ...
 
Thanks everyone - if anyone knows of a particular no win no fee company that specialises in equine please let me know. From googling there seems to be masses of them and I'm wary of not picking the right one..
 
there seems to be one advertised on TV quite often, cant remember the name but if you see it you could give them a call and ask them who deals with equine, but the BHS even if you are not a member you could ask them who deals with equine, they would surely know
 
They will all be after this case - speak to a few it's not really an equine case it's a road traffic case so they all do those. If you can find a local firm that you can actually meet the person this is better - you want a lawyer to talk to not the muppet that answers the phone.

Where in the country are you?
 
Surely the proof is that they hit you and your horse? Even if they were travelling at 2mph and not 20, if they hit you they were driving dangerously/without due care and attention and hence a crime has been committed.
 
blitznbobs said:
They will all be after this case - speak to a few it's not really an equine case it's a road traffic case so they all do those. If you can find a local firm that you can actually meet the person this is better - you want a lawyer to talk to not the muppet that answers the phone.

Where in the country are you?
Click to expand...

I'm in Kent...
 
I didn't read your other thread but I offer you a shoulder to cry on.
As for legal advice, I don't know. But I couldn't read and run.
Always here, RIP Rupert xx
 
Can't help then - get the phone book out and find a local firm and phone them up - they will either deal with it or tell you someone local that will. The massive companies work on a numbers game so they don't get you the best deal they just get them settled so they make money - choose someone local and they'll deal with less cases therefore yours will be important to them as this isn't your average whiplash case.
 
samlf said:
Surely the proof is that they hit you and your horse? Even if they were travelling at 2mph and not 20, if they hit you they were driving dangerously/without due care and attention and hence a crime has been committed.
Click to expand...
I am only guessing but from reading the other thread it sounds like the horse spooked into the the vehicle rather than the vehicle running into the horse. Very sad nonetheless.
 
I'm sorry to hear about your accident.

If you are going to pursue a case, then please for your own sake do not write details of the case on internet forums/facebook as anything you write is then in the public domain and could theoretically be used by the other party to defend their position against you.

I hope you find a good solicitor who can instruct you well and act in your best interests. Your household insurance may have a legal helpline which would be a good firstpoint if you don't have BHS membership or legal helpline/insurance through any horse-related insurance you've got. You may also find your car insurance has a legal helpline too. (These legal helplines usually advise on any matter, even though you got them via house or car insurance).

I hope your injuries heal well and quickly.
 
tobiano1984 said:
This follows on from my other post regarding my accident last week (my horse and I were hit by a van while hacking, he had to be put down, I was hospitalised for 5 days and have lots of broken bones). I am touched by all the lovely comments, support and advice. Due to the number of comments on the other post I didn't want this to get lost so thought I'd start another. Quite a few people commented on taking action against the driver so I just wanted to see if anyone has advice/experience in this.

The police cautioned him for careless driving but said they will struggle to press charges due to lack of independent witness. There were two others in the van who no doubt back up his story that he slowed down and it wasn't his fault. Unfortunately the lady riding with me was in front of me so didn't see the accident, although she told the police that she felt the van was travelling too fast and she had to 'breathe in' as it passed.

They did slow down but it was from what I perceived to be around 60mph to about 20mph, which is a reduction but still fast to squeeze past a horse on. The road is also not very wide - two cars can pass but not by much, and most cars that pass us on horses take a wide berth giving you about 2-3 horses widths. The nature of the accident would suggest that they hardly gave us any room.

They did stop so the police have their details. At first they had a go at us for generally being on the road but I think realised the situation was a bit more serious so shut up and stood by.

Someone on here mentioned instructing an equine solicitor to take civil action - I wondered if anyone had experience of what this involves etc. I'm not made of money so I don't want to spend money on it to be left with nothing. My insurance will pay out for the veterinary/disposal costs but I'm not covered for personal accident. I didn't insure Rupert for very much (I think only £550 as that's what I paid for him, although at time of death he was easily worth £5-6k).

The accident has left me unable to walk for at least 8 weeks (broken foot, broken elbow) and as I run a livery/training yard this will have an impact on my earnings. I'm lucky to have support from friends and family but whilst it's not the end of the world if I can't claim compensation I guess it's worth a try and will also send a message out to other drivers and perhaps go some way towards building awareness to horses on the road.

Any advice would be gratefully received.
Click to expand...

I know what you mean about earnings being hit, as you know I broke my humerus on 16th November, bones still moving and hospital say if no improvement in 5 weeks I will have to have it plated. Its cost us a fortune getting the yard covered for me, almost more than the daily income. Do you have liveries who can do it between them ? Its what we are doing, keeping it in house so to speak.

Sadly I have only just joined BHS gold member so this not included.

Would it be worth printing a sign asking for any info if anyone saw anything and putting it on a tree near accident? Maybe he had another near miss further back up the road or a dog walker/rambler or so might have seen them zooming by and might come forward?


You can get the highways to put a triangular horse warning sins up we also had the speed dropped from national down to 40mph including the warning horses sign.
 
Last edited:
A number of FBHS's specialise as acting as expert witnesses in legal cases; it could be worth contacting the BHS, getting a list of current FBHS's and asking, from their experience, who they would recommend you go with from a solicitor/no win, no fee type point of view.

Peter Roberts used to be the guru on this in days of yore when my friend was in a similar situation to yours; sadly, he is no longer with us and just to warn you it took five years for my friend to get recompense.

I wish you the best of luck.

PS You could try Peta Roberts as I know she still works on such cases.
 
My pony was hit by a car in June (driver on mobile phone, he admitted liability), she has injured her sacroiliac area. My friend was riding her at the time and wasn't injured. I was told that I cannot claim against him for damages the only hope that I have is that there is a chance that I MAY be able to claim vet bills back - but she is insured anyway, my insurance company have paid me but it doesn't seem that they are claiming their costs back through the drivers insurance company. I don't know if my pony will come right, she is currently on field rest and I'm bringing her back into work in the spring. I asked a solicitor if I could claim loss of use (I'm not insured for loss of use) but apparently I cant......although I was told that had my friend been injured, she would be able to claim.
 
Sorry to hear about your accident. It is horrible to have to deal with the thought of taking action after such a trauma but I wish you luck if you decide to go down that route.

Friend of mine was hit by a motorbike while on her pony years ago. The pony spooked and the bike hit him and the biker fell off. He took my friend to court (well her parents) seeking damages. The judge found that he should have given the pony a wider berth - 'at least a cars width' and didn't award him anything.

Good luck
 
I was hit by a car about 10 years ago. Luckily nowhere near as injured as you or your horse. My horse was never ridden again and we claimed loss of use. It never entered my mind to claim so you can imagine the shock when I received a solicitors letter telling me the driver felt my horse had kicked her car and wished to claim damages!! My insurance company got me an equine solicitor who was amazing throughout and helped us (rightfully) win our case. We settled outside of court as they withdrew their case several days before. The police didn't prosecute her as again we lacked witnesses. Pm if you need anything else x
 
Please use a horse specific solicitor, many a case has been thrown out cause a solicitor doesn't know anything about horses.
 
You must log in or register to reply here.
Top