Taking action against driver who killed my horse and injured me

Have just read your original post and I am so sorry, he was beautiful.
It makes me realise how lucky my daughter was recently when the same thing happened go her on a single track road. She phoned me to say she was involved in an accident and would I go with the horsebox to collect her. Luckily both were ok after a check from the vet and the van driver offered to pay for that, probably because he is starting a skip business on our lane and doesnt want complaints.
You need good advice from the BHS. Look at all your insurance as well to see if you have legal advice on that. Take care.
 
Just to add. The van that hit her was close and the wing mirror hit her horse who then tried to swing round left but of course then the hindlegs go slightly right and the back of the van hit her
 
You need some good advice from a solicitor who does this type of work ( equine related )
Many solicitors give you the first hours advice free .
 
I read you previous post and my tears fell for you. To lose any loved is hard but your curcumstances are truelly heart wrenching.
Im another saying get a good equine lawyer.
Please take care of yourself. In my thoughts x x
 
All solicitors offer no win no fee, just the more reputable ones don't ambulance chase. I was told this by a friend who successfully sued her former employers for a workplace accident on a NWNF basis but with a top local solicitor. So, it might be worth asking around. I think an equine one might be your best bet though.
 
I am so sorry, I just read your story after seeing this and I cannot even imagine what you are going through. It's horrible the way events can turn so suddenly. He was beautiful and at least you have some comfort that, as you say he didn't suffer and was surrounded by people he knew :(

As for you claiming then yes, I certainly would advise it. Have you spoken to your insurers? I would speak to them and discuss claiming against the van driver/company for (a) the loss of your horse (the insurance company are more than likely going to seek recovery for that) and (b) for your injuries -ie claim under the liability section of the van driver's insurance. I recommend you speak to the experts so either your insurance claims department who can advise you or indeed the likes of the BHS or an independent solicitor. Be wary the "no win, no fee" types that push their business are likely to take a heck of a lot form any compensation you would receive (trust me, I work in insurance and see what 'they' often get compared to the claimant!).

Ultimately, you have suffered injuries that could potentially affect your livelihood. I don't know whether you have insurance to cover illness/injury but, if you are self employed and don't the again you have loss of earnings to consider if you are not able to work for a certain period.

I am no expert though and that's who you need to consult but I am 100% sure you have a valid claim and essentially the van insurers will be the ones that will need to pay out as the van driver is more than likely going to be at fault here. Van versus animal is no contest.
 
I missed the thread about your accident and I just want to say how sorry I am for you. You poor, poor girl. I hope you're being looked after. I have no advice, but I hope the driver gets a significant punishment for careless driving at the very least. :(
 
Like Cinnamontoast I don't recall seeing the th read about your accident, I am so sorry for you and your horse, I hope you get the outcome you desire xxx
 
Sorry I have no advice to add but just want to wish you best of luck I hope you pursue them. If they did this to my horse his help me I would go everything in my power to get justice.
 
I *think* I have sent you message.. it all went a bit wierd and the forum seemed to change format so not sure! If I haven't then please tell me and I will try again x
 
I just read your previous post. I'm sorry I can't give any advice. I am so sorry to hear that, I actually cried reading that post. I myself had a pretty nasty accident just after month ago and doctors said I might never walk as I had no feeling at all in my legs, thankfully I can and I am pretty much back to normal and the horse I was riding is fine, I know how much this sort of thing can affect you and I really hope you get the justice you deserve for yourself and of course for Rupert. Rip gorgeous boy! Xxx
 
May be worth PM ing Benson on here. She was involved in a dreadful accident several years ago, 2 horses had to be shot in the road. It went to Court not sure of outcome but she is in Kent and may be able to steer you in the right direction.

I am so terribly sorry to read your story, I do hope you make a full recovery and I was in tears also reading about your poor horse. xx
 
Hi; so sorry to hear about yr accident; I am sorry but I can't bring myself to read yr post about it! Still not brave enough! Where in Kent are you? I am more than happy to talk to u; meet up etc etc-whatever u feel ready for and any advice obviously; whatever I can help with.
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I am so very sorry to read about your accident - such a handsome boy :(

You will be claiming against the driver's insurance. You need a specialist lawyer who deals in road traffic claims. If necessary, he can call upon equine experts separately. You will be claiming for personal injury, loss of your horse, psychological trauma, loss of earnings etc.

My daughter was involved in an accident many years ago, (not involving a horse) and although it took three years in total, she was compensated for her injuries. In addition, bills were paid for having to pay someone else to 'do' her horses while she was off games. She had several ridiculous offers, which were rejected, and eventually the other party settled out of court for a far more reasonable sum, which was suggested by her barrister. We had one meeting in London - the barrister was engaged by the solicitors - and he assured us that very few cases actually get to court, because they are settled beforehand. It was also taken into account that she would very likely end up with replacement knees at a young age, and an orthopod stated that he thought she would also be very likely to develop arthritis in her clavicular joint before she reached 40. She never had to pay a penny to any of the experts, medical or otherwise, that were used.

Good luck, and extra hugs xx
 
I am so sorry about what happened to you.

The burden of proof as you probably know is less in civil cases than in criminal (on the balance of probabilities as opposed to beyond reasonable doubt) and personal injuries claims are based on relatively set standard amounts for various injuries. Broken bones are certainly worth claiming for. Unfortunately you will not be able to claim much for shock and upset beyond a token amount. You can also claim for loss and damage to property. Your friend may also be able to claim for nervous shock, particularly if she was in fear of being involved in the same accident.

There are plenty of solicitors out there who specialise in this type of claim against insurance companies who should be able to take much of the hassle out of this for you, and who will not charge you until they win damages. Court action is relatively rare as most cases are settled by insurers before then.

If I were you I would look at this week's Horse and Hound which has an article by a solicitor who specialises in contract work relating to leasing horses. While she does not seem to do the type of work you are after (I may be wrong and apologise if I am) she may be in a position to point you in the direction of finding a solicitor who does.

I don't think the police are trying very hard to pass on a file to the CPS in your case, however when my husband driving his car witnessed a van driver driving at speed and actually hit a cyclist, throw him up onto his windscreen and injure him, the police said they could not prosecute because they could not prove he was speeding or drink or drugs driving. Even though his friend who was cycling with him witnessed the whole thing along with my husband, and he nearly crashed into my husband's car by driving on the wrong side of the road.
 
It seems to me that the Police aren't doing much about this. Surely there is a case for careless driving at the very least. The fact that he was driving too close should indicate that the standard of his driving falls below the standard expected of a competent driver. It should be deemed that a competent and careful driver would be aware of the issues of driving past horses and the fact that extra space should be given when passing. I would ask the Police not whether they are going to charge him, but what offence they are going to charge him with.
 
The degree of proof in a civil action is different from that in a criminal case, namely it can be less. The presiding judge can use the balance of probability as to what happened in civil cases but cannot in criminal matters.

The fact that the driver has a couple of witnesses in his vehicle with him cannot be discounted but the fact that they are obviously known to him says that they are not indpendent. As has been mentioned by blitznbobs, the police can only caution a person if they admit their guilt in an offence. The driver accepted a caution & therefore has accepted a degree of guilt. This is in your favor.

I would suggest you contact a solicitor & discus your options. They will help you decide if you need a specialist equine solicitor. To be honest in a road traffic matter like this I doubt if you need one. One of the numerous no win no fee companies may be the way to go.

It has been mentioned that the police have done little in this case. The police are not there to sue the driver for damages etc as the OP wants. They have dealt with the road traffic side of things & this has helped your case as guilt has been admitted by the driver.

Good Luck.
 
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Toby_Zaphod said:
It has been mentioned that the police have done little in this case. The police are not there to sue the driver for damages etc as the OP wants. They have dealt with the road traffic side of things & this has helped your case as guilt has been admitted by the driver.

Good Luck.
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I don't think OP wanted the police to get her damages but to charge the driver with an appropriate offence.

Many years ago sis and I were hacking 2 very sensible ride & drive horses on a reasonably windy day. We were on a no-through road leading to a bridleway when a car came up the hill behind us and spun its wheels in some gravel, spooking both horses. We exchanged words and the driver did exactly the same thing again. There were no other witnesses but sis and I reported the incident with the car reg as soon as we got to the phone. That driver was charged with careless driving and fined with points on his licence, although no injuries ensued from the incident. Perhaps it is relevant that not long before a police officer's wife had been hit by 'joy-riders' whilst hacking on a local road. She broke her arm and the horse had to be shot at the scene. There has to be the will to prosecute.
However, OP will get justice because when the van driver next renews his insurance he will have to declare the caution and his premium will increase dramatically, if the company does agree to renew. Quite apart from the fact that by accepting a caution, the driver has admitted guilt, so his insurance company will have no choice but to pay up in a civil case for damages - take him for every penny you can, OP!
 
I read your other post and was so so sorry for you, partly because something similar happened to me once so I have an ide of what you are going through.

My comments are not what you want to hear, but what I found happened. In a nutshell, I was hit by a woman driver on a B road on a clear winter's day with 200 yard visibility ahead of her. She never moved over for my horse, she was not driving fast - I verified that, but her bonnet hit my leg and the mare's side behind the saddle, throwing us onto her roof. I was knocked out for about 20 minutes.

There were no witnesses

She cried when the police who arrived (I'm told very speedily) questioned her at the roadside

The police were kind but fairly hopeless (I went back - driven by a friend - the next day. The shattered glass from her headlight was still lying where it had fallen, almost in the left hand gutter; but the police had failed to register its location - e.g it was not out on the middle white line; she had been driving within a foot of the verge WHILE PASSING A HORSE

She made a statement which she had to retract. She initially said that the £700 (wish it had been £7000) of damage to her car - even the roll bar was bent - had been caused by me alone being on the roof. That was disproved by bystanders who saw my horse's hair in the back windscreen wiper as she had rolled down the back of the car.

I got no compensation, the woman was never prosecuted, and though the horse made a good recovery at the time, 3 years on the worst injured leg broke at the very point where it had been so badly damaged in the accident. So more heart rending distress

I'm sure there are equine lawyers and that someone on here will be able to point you in the right direction. Frankly, I think the line to take is that, as with two cars, if you hit a car from behind, whether you are or are not overtaking it, if that car is proceeding on a straight and legitimate course (as you were) then the other vehicle is at fault. the van should have been able to pull up

It is interesting that initially the driver and mates were having a go at you. Presumably your friend can be a witness to that. It sounds as though Matey and Chums knew they were in the wrong, and that attack was the best form of defence - until they realised the full import of what they had done.

Sorry for such a long reply, and my thoughts are with you and your beautiful horse.
 
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