Horse hit by motorbike

Author
Discussion

cbmotorsport

Original Poster:

3,065 posts

117 months

Monday 26th September 2016
quotequote all
Really don't want a debate about horses on the road. I ride horses, but also drive cars and ride motorbikes on the road.

Anyway, my mothers horse was hit from behind by a guy on a bike at the weekend. It was on a straight bit of road, clear sunny day, horse rider was wearing hi-viz jacket. Horse was good in traffic, and didn't move out from the side of the road, biker just ran into the back of it, I guess he just didn't see it. Horse had to be shot, rider has broken vertebrae, and biker had head injuries, but they're not serious, concussion I guess.

Just after peoples thoughts on where we stand with regards to compensation. The bill for the fire service to lift the horse out of the ditch, the horse to be shot by a vet, and the body to be collected and destroyed is well into 4 figures. The rider is a self employed fitness instructor, and will not be able to work for some time, the horse was a valuable animal, a valuable saddle was destroyed too.

At the end of the day, I'm just glad everyone is OK, but it seems very unfair that my mother and the rider are going to lose out due to someone elses negligence.

Where do we stand? Cheers.

GTIAlex

1,935 posts

165 months

Monday 26th September 2016
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Should be covered by your horsey insurance,

Nickyboy

6,700 posts

233 months

Monday 26th September 2016
quotequote all
You claim for everything off the riders insurance same as any other accident. Claims for the riders loss of earnings will have to be via a personal claim

Dan_1981

17,351 posts

198 months

Monday 26th September 2016
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I don't know but would have thought it would be the same as any other accident where property was damaged?

As long as liability can be proven - claim off the bike rider?

CaptainMorgan

1,454 posts

158 months

Monday 26th September 2016
quotequote all
I have no idea how the horse riding side of things work but I'd have assumed you claim from the bike riders insurance? Does it not work like this?

cbmotorsport

Original Poster:

3,065 posts

117 months

Monday 26th September 2016
quotequote all
Nickyboy said:
You claim for everything off the riders insurance same as any other accident. Claims for the riders loss of earnings will have to be via a personal claim
This was my immediate thought, but I'm led to believe that we'll have to formally pursue the rider for losses, who will then use his insurance to cover costs, if we approach the insurance company direct, they'll not entertain it. Not sure how accurate that is.

Dan_1981

17,351 posts

198 months

Monday 26th September 2016
quotequote all
cbmotorsport said:
Nickyboy said:
You claim for everything off the riders insurance same as any other accident. Claims for the riders loss of earnings will have to be via a personal claim
This was my immediate thought, but I'm led to believe that we'll have to formally pursue the rider for losses, who will then use his insurance to cover costs, if we approach the insurance company direct, they'll not entertain it. Not sure how accurate that is.
Why is it any different from if he ran into your wall or parked car or anything else?

Do you have his insurance details?



omgus

7,305 posts

174 months

Monday 26th September 2016
quotequote all
From my horsey friend who had been clipped by a wing mirror it was pursued in the same manner as a personal injury claim.
Solicitor, claim on drivers insurance.


ETA, if you have got Horse insurance then they may very well have a process for the costs relating to the animal, especially if Vet was involved.

battered

4,088 posts

146 months

Monday 26th September 2016
quotequote all
Get a solicitor who will take legal action against the motorcyclist's insurer and cover all costs, damages, lost earnings, etc. This is exactly what I did when I was knocked off my bike by a driver from the Stevie Wonder School Of Motoring. I was out of action 18 months, lost my job, all sorts. Don't hold your breath, it will take over a year to resolve. 4 years 6 months almost to the day in my case.

paintman

7,669 posts

189 months

Monday 26th September 2016
quotequote all
I'm presuming the horse is insured? If so have you sought advice from the insurers?
Proper professional legal advice. Any number of solicitors claiming expertise in the field. Couple at random from Google:
http://www.horsesolicitor.co.uk/fatal-accident-cla...
http://www.equinelawuk.co.uk/
Likely to be best asking on one of the horsey forums or if you are a member of any of the horse societies try them.

cbmotorsport

Original Poster:

3,065 posts

117 months

Monday 26th September 2016
quotequote all
Dan_1981 said:
Why is it any different from if he ran into your wall or parked car or anything else?

Do you have his insurance details?
No. He was unconscious at the scene, my mother attended who did not get the reg or details as she was in a panic. It was however attended by 2 police cars, 2 ambulances, the air ambulance and a fire engine, and we have an incident number, so can get his details via the olice.

cbmotorsport

Original Poster:

3,065 posts

117 months

Monday 26th September 2016
quotequote all
paintman said:
I'm presuming the horse is insured? If so have you sought advice from the insurers?
Proper professional legal advice. Any number of solicitors claiming expertise in the field. Couple at random from Google:
http://www.horsesolicitor.co.uk/fatal-accident-cla...
http://www.equinelawuk.co.uk/
Likely to be best asking on one of the horsey forums or if you are a member of any of the horse societies try them.
Horse was not insured, other than public liability insurance for the rider.

paintman

7,669 posts

189 months

Monday 26th September 2016
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In which case proper professional legal advice.

KevinCamaroSS

11,553 posts

279 months

Monday 26th September 2016
quotequote all
paintman said:
I'm presuming the horse is insured? If so have you sought advice from the insurers?
Proper professional legal advice. Any number of solicitors claiming expertise in the field. Couple at random from Google:
http://www.horsesolicitor.co.uk/fatal-accident-cla...
http://www.equinelawuk.co.uk/
Likely to be best asking on one of the horsey forums or if you are a member of any of the horse societies try them.
Not sure why the horse having insurance is a factor? They are the victim in this case. Simply a case of claiming from the motorcyclist's insurance.

TwigtheWonderkid

43,248 posts

149 months

Monday 26th September 2016
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KevinCamaroSS said:
Not sure why the horse having insurance is a factor? They are the victim in this case. Simply a case of claiming from the motorcyclist's insurance.
This. Motorcycle hits parked car, house wall, child, horse....makes no odds.

Private Pile

754 posts

194 months

Monday 26th September 2016
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Sorry if I missed it op, but are there witnesses?

FredClogs

14,041 posts

160 months

Monday 26th September 2016
quotequote all
Sorry to hear this...

Just checking in on the thread, I've got about 150 puns queued up in my mind but I don't want to be the heartless ahole who strikes first.

JustinP1

13,330 posts

229 months

Monday 26th September 2016
quotequote all
TwigtheWonderkid said:
KevinCamaroSS said:
Not sure why the horse having insurance is a factor? They are the victim in this case. Simply a case of claiming from the motorcyclist's insurance.
This. Motorcycle hits parked car, house wall, child, horse....makes no odds.
Yes - exactly this.

Essentially, you can speak to the riders insurance company direct.

On a non-contested claim, insurers prefer you do this so they can keep a handle on the costs, as they can arrange whatever you need directly with you.

Two caveats to that though:

1) Consider that the rider may claim a different version of events, for example, horse moved into his way (this may be unlikely considering the facts though but worth considering).

2) Due to the above, and the fact that there is injury involved, you should seriously consider getting your own independent legal advice. See if there's anything on your house insurance for example to cover such a claim.

eldar

21,614 posts

195 months

Monday 26th September 2016
quotequote all
Dan_1981 said:
Why is it any different from if he ran into your wall or parked car or anything else?

Do you have his insurance details?
Because walls and parked cars don't have the potential to 'suddenly leap into the middle of the road.' as the motorcyclist may claim. Independent witness will be invaluable.

Pothole

34,367 posts

281 months

Monday 26th September 2016
quotequote all
cbmotorsport said:
Nickyboy said:
You claim for everything off the riders insurance same as any other accident. Claims for the riders loss of earnings will have to be via a personal claim
This was my immediate thought, but I'm led to believe that we'll have to formally pursue the rider for losses, who will then use his insurance to cover costs, if we approach the insurance company direct, they'll not entertain it. Not sure how accurate that is.
So you'd rather ask here than consult the insurer?