Car hit by horse and cart - who pays?
Car hit by horse and cart - who pays?
Author
Discussion

puffpuff

Original Poster:

23,207 posts

257 months

Tuesday 29th May 2007
quotequote all
A friend of Mrs Puff stopped her car in a country road to let a horse and cart past as the horse was a bit 'frisky' - this happened recently in Somerset so I think it may have been a traveller's caravan rather than a 'cart'.

The cart swung round, hit her car and caused some damage.

She has the owner's name (if genuine...) but he doesn't have insurance and her insurers can't (or won't) process a claim unless she gives the other vehicle's registration - which doesn't exist of course.

Any ideas?

Zeeky

2,954 posts

243 months

Tuesday 29th May 2007
quotequote all
You obviously need an insurance expert to answer this but the reason they need to identify the other 'driver' is to claim on their insurance.

As the person doesn't have insurance it is the same, I would have thought, as hitting a cyclist or pedestrian. You will have to claim on your own insurance and perhaps sue the other road user for compensation.

WildCat

8,369 posts

274 months

Tuesday 29th May 2007
quotequote all
puffpuff said:
A friend of Mrs Puff stopped her car in a country road to let a horse and cart past as the horse was a bit 'frisky' - this happened recently in Somerset so I think it may have been a traveller's caravan rather than a 'cart'.

The cart swung round, hit her car and caused some damage.

She has the owner's name (if genuine...) but he doesn't have insurance and her insurers can't (or won't) process a claim unless she gives the other vehicle's registration - which doesn't exist of course.

Any ideas?
I think Zeeky right. Ask about home insurance. Sometimes cyclists/horsey people add this to home insurance policies.

Not great pay-out but a start in right direction.

Or pursue in County Court/Small Claims court. Check out local solicitors und any who give free half hour. CAB might be able to help with that one. Worth a check-see anyways.

Best of luck.

Had person in a stolen hit my lovely car in car park. It was cheaper to repair independent of insurers long term. Get some quotes und decide.

Bear in mind that car which has been hit go on database. It does affect re-sale value. This influenced our decision last January wink und I confess to being quite gob-smacked for once wink over difference in quote from "insurer only repairer" und local dealer wink whose price was affordable without upsetting our budgets wink

puffpuff

Original Poster:

23,207 posts

257 months

Wednesday 30th May 2007
quotequote all
That's more or less what I thought. Seems like Mrs Puff's friend's insurer is being a PITA.

bi9_jk

883 posts

296 months

Wednesday 30th May 2007
quotequote all
If under the rta this horse and cart can be defined as a vehicle then they have breached the rta if they did not give proper perticulars. Under the RTA if memory serves there should be a requirement that all vehicles using the road have a licence for that vehicle and are insured. If it was a road or a place which the public have access to then the rta should apply.

A horse is not a vehicle as such but with a cart it could be defined as one.


SLCZ3

1,294 posts

236 months

Wednesday 30th May 2007
quotequote all
Actually you should claim on your own insurance and the insurance company will pursue the other party. As you have the name of the other party there should be no prblem did you get adress as well or any confirmation of their identity
( Hmmmm, maybe it would have been a good idea to have an identity card after all ).

TonyHetherington

32,091 posts

281 months

Wednesday 30th May 2007
quotequote all
There are 3 things in this world (well, UK) that you MUST have insurance for...cars, boats, and horses.

No insurance = not allowed for the horse on the road.

I had exactly the same thing happen to me about 4 yrs ago (but it was the horses legs that put a thwapping great dent in my 205...and the horse was fine!). Anyhow, the guy just paid us with a cheque and didn't go through insurance at all, but he has to have some.

As you have his name, that is enough to identify him.

Andy Zarse

10,870 posts

278 months

Wednesday 30th May 2007
quotequote all
TonyHetherington said:
There are 3 things in this world (well, UK) that you MUST have insurance for...cars, boats, and horses.

No insurance = not allowed for the horse on the road.
That's news to me Tony, when did they change the law to make it a legal requirement?

TonyHetherington

32,091 posts

281 months

Wednesday 30th May 2007
quotequote all
I must confess, it was my boat-insurance friend that told me that so the specifics I know not.

TonyHetherington

32,091 posts

281 months

Wednesday 30th May 2007
quotequote all
hmmm. I'm looking through the net now to find some back up for what el blokey has told me, and I can't seem to find anything. Still looking....but not showing up anything as yet

Mrs BlueCerbera

2,208 posts

271 months

Wednesday 30th May 2007
quotequote all
TonyHetherington said:
No insurance = not allowed for the horse on the road.
I'm fairly sure that's not true, unless things have changed very recently confused

Edited to add : agree with Zeeky's post above.

Edited by Mrs BlueCerbera on Wednesday 30th May 13:39

SGirl

7,924 posts

292 months

Wednesday 30th May 2007
quotequote all
Mrs BlueCerbera said:
TonyHetherington said:
No insurance = not allowed for the horse on the road.
I'm fairly sure that's not true, unless things have changed very recently confused
yes Insurance for riding on the road is recommended by the BHS, but I don't think it's compulsory. Though it should be.

TonyHetherington

32,091 posts

281 months

Wednesday 30th May 2007
quotequote all
Ah ha, has taken me bloomin ages to find but I got there!

http://www.newc.co.uk/advice/documents/Prest.pdf

from there;

document said:
My final comment is that every horse owner must make sure that, even if they choose not to insure the horse for a value or for vets fees, it is important to have legal liability cover. You may not need to purchase this from your horse insurer as the membership of various Equine societies can include legal liability cover as a benefit of membership,
as is the case with the BHS full membership.
The way I read that is that it's NOT a legal requirement. Which I'm still frustrated about as my marine insurance friend said it was a legal requirement.

Sorry for confusion, chaps!

Andy Zarse

10,870 posts

278 months

Wednesday 30th May 2007
quotequote all
TonyHetherington said:
Ah ha, has taken me bloomin ages to find but I got there!

http://www.newc.co.uk/advice/documents/Prest.pdf

from there;

document said:
My final comment is that every horse owner must make sure that, even if they choose not to insure the horse for a value or for vets fees, it is important to have legal liability cover. You may not need to purchase this from your horse insurer as the membership of various Equine societies can include legal liability cover as a benefit of membership,
as is the case with the BHS full membership.
The way I read that is that it's NOT a legal requirement. Which I'm still frustrated about as my marine insurance friend said it was a legal requirement.

Sorry for confusion, chaps!
Thanks for clearing that one up Tony!

What about if you take your horse in the sea? Do you still need marine equine insurance?

Munkie

772 posts

235 months

Wednesday 30th May 2007
quotequote all
Andy Zarse said:
What about if you take your horse in the sea? Do you still need marine equine insurance?
This fella



got a great deal with Admiral.

TonyHetherington

32,091 posts

281 months

Wednesday 30th May 2007
quotequote all
Only if the horse is captain of the ship, and it can run on land as well, I believe. hehe

Chrispy Porker

17,734 posts

259 months

Wednesday 30th May 2007
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I wish the OP well but I fear he may have trouble tracing the 'traveller'
I could probably guess the surname given but that would not be very professional.

Dwight VanDriver

6,583 posts

275 months

Thursday 31st May 2007
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All is not lost Puffpuff.

Since June 2004 all 'orzes' have to have a Horse Passport under Horse Passports (England) Regs 2004 in which their description is recorded having being established by a Vet or Identifier. If it neighs with a Skootish accent then the same applies under identical legislation for that land.

Defra were supposed to set up a Horse Passport Agency recording all these details.....a DVLA for Nags.....

So if you have a very good description of the 'orze' that was pulling the cart then HPA may identify it and its owner????????

I knew a chap that his branded with the letter 'W' on each cheek of its bum. When it flicked its tail.....wOw

This is truefact ...cept last para...

dvd


chris_tivver

583 posts

237 months

Thursday 31st May 2007
quotequote all
TonyHetherington said:
Ah ha, has taken me bloomin ages to find but I got there!

http://www.newc.co.uk/advice/documents/Prest.pdf

from there;

document said:
My final comment is that every horse owner must make sure that, even if they choose not to insure the horse for a value or for vets fees, it is important to have legal liability cover. You may not need to purchase this from your horse insurer as the membership of various Equine societies can include legal liability cover as a benefit of membership,
as is the case with the BHS full membership.
The way I read that is that it's NOT a legal requirement. Which I'm still frustrated about as my marine insurance friend said it was a legal requirement.

Sorry for confusion, chaps!
Its worse than that, its not a legal requirement to insure boats either