Horse Causes Accident

Question

I was cycling down a country lane when a horse suddenly ran out of a field causing me to lose control of my bike and fall off. I fractured my arm and have been off work since the accident. The owner of the horse says she has no money and that I’m wasting my time bringing a claim. Is this correct?

Answer

In the event that the owner of the horse, or person responsible for it at the time of the accident, has equine insurance or business insurance (in the event that the horse was stabled at a livery yard) she/they would most likely benefit from third party liability cover. It may be that the owner of the horse has insurance but is unaware that it covers third party liability claims or that the livery yard can potentially be held responsible.

If the owner does not benefit from equine insurance, she may have home contents insurance. This often has legal cover attached which could indemnify her for negligent acts away from the home. In this instance, the negligence would lie in failing to control the horse.

Another option would be to pursue the owner, or person responsible for the horse, personally. This would only be worthwhile if the person/business has the means to pay. If the owner of the horse is a house owner, and/or employed, you could ask the court to enforce the sale or make an attachment to earnings order in the event that she fails to pay.