Our horse was hit by a car I have no insurance what should I do ?

Question

Our horse got out and off the property and was hit by a car no one was hurt but I have no insurance on my horses what should I do to protec my family from a major law suite or worse ?

Answer 1

Who actually owns this horse- you, or your stepchildren? The reason I ask is because this makes a difference in some states. If the horse really belongs to one of your wife's kids, then it is SHE who is liable for the damages from the accident, not you. People cannot sue you for damages caused by something you do not legally own- I know that much. This would include that horse, from the sound of it. There's another issue here as well- I think there is some question as to who is really at fault in this accident. Most drivers I know generally will stop if they see a loose animal, like a horse, on a road, and will go out of their way to avoid hitting it if possible, because they don't want to hurt themselves or the horse, not to mention damage their vehicle and property. These people apparently didn't abide by this general rule- and that makes me suspicious of them, because it sounds like they may have deliberately done this in order to get money out of you. I would talk to both the police and and your lawyer, and tell both of them that the horse's escape was an unintended accident, and see what their response is. It may turn out that they agree with you, and these people who hit the horse could be held liable for YOUR ( and his) vet bills and costs if they are declared to be at fault in the accident.

The other thing you need to be aware of is that most equine insurance policies do not cover situations like this- they are not written to do this. The main purpose for having insurance on a horse, in fact, is to protect YOU against severe financial hardship in the event that a valuable horse colics or founders, or suffers some other disease or injury, such as breaking a leg in competition, for example. That's the real function of mortality insurance- and accidents involving cars and horses do not generally play a part in it. I am in the process of getting mortalitiy insurance for my mare, but I will not be getting a policy which guards against car-horse accidents. No, what I want is something which will pay the bills in case she ever colics badly enough to need surgery up at New Bolton Hospital ( I live in DE, about an hour from this famous facility) or suffers an injury in competition which is equally severe. The likelihood of her ever getting out on the road near our farm and getting hit is extremely remote, because we take constant precautions to ensure that none of the horses ever get anywhere near the road.

The other big reason for having insured horses has to do with professional liability- usually on the part of one's employees, rather than on oneself. This kind of insurance protects employees from lawsuits based on their care of horses which they do not own, or the lack of it. It helps protect people who work with horses as grooms, trainers, and the like from liability in case a horse which is in their personal care becomes injured or dies. Oftentimes in such cases, the owner of the horse will not only fire, but sue the employee, especially if the horse was valuable. Most racehorse trainers have this kind of insurance- and there are some states which actually require it by law. On the sporthorse side of the industry, it is also becoming common for trainers to have at least some type of insurance like this, especially if they have large stables, or they train a lot of people and horses.

In your shoes, I would talk to your lawyer and see what he or she recommends- and by all means, speak with your insurance company. They may decide to do their own investigation anyway, just so they understand exactly what happened and who did and said what to whom. Good luck.

Answer 2

Get insurance.

Answer 3

Your property owners insurance should cover the car,

If it doesn't, you are responsible for damages...

Fix the fence, so the horse can't get out.....

Answer 4

I woudl presonally get insurance.  if your horse is boarded then owner of barn should have insurance..  expecially if horse is used in lessons. I would suggest getting it it will save lots of headache. I dont have insurance but our whole property is fenced in no escape way except to jump the fence. but never has. THe barn does have insurance on all its boarders in case something liek that would happen

Answer 5

Do you have home-owner's insurance?  I believe that should cover any expenses for the car.  Renter's insurance may work the same way, but I'm not sure about that.

Unfortunately, there is nothing you can do to protect your family from a lawsuit, even if you have insurance that will cover the damage.

In the future, make sure you have an insurance policy in place that will cover and damages your horse could cause to another person or another person's property.

Good luck.

Answer 6

One thing you could do is twist the story slightly.

say you where leading your pony down the road and that the car came flying down the road and hit your horse. then you could sue them. for negligence when driving or something like that. Better to sue to be sued yourself.

well thats my thoughts anyway.

Hope your horse is ok !!!!

Answer 7

Both you and the property owner will be held liable.  The fence on the property will be deemed insufficient to contain the horse, and you will be responsible as the horse owner.  There is nothing you can do after the fact to prevent a law suit, but since you own nothing most lawyers will realize the futility in sueing you, and try to make some kind of settlement.

This is based on laws in my area....yours may differ.

Answer 8

You don't have to twist the story, or make things up.  .. As long as you have made "reasonable Precautions".. ie have good fencing etc.. the car owner's insurance should pay for the damages.  Horses and livestock have right of way on roadways, even if they are unattended.  

Simply call your local law enforcement, Or a local lawyer and they can verify what you do and do not have to do...

EDIT:  the law out here on the east coast says that horses are livestock.  Livestock is not responsible for its actions and as long as a farmer has made Reasonable Precautions  IE.. has fences suitable to the type of animal and they are in good repair.. Then it is considered  to be the drivers fault for not stoping or avoiding the animal.  Just as if he were to strike a deer or other wildlife.  except in this case he can be made to pay for vet bills, or replacement costs.

Answer 9

In my experience MOST people are greedy and if they think they can get money out of you they are certainly going to try. FIRST OFF THOUGH  I  HOPE YOUR HORSE IS OK. Get a vet report on the injuries the horse suffered and all the associated the expenses.  Insurance companies always tell you to NEVER admit liability whether it is your fault or not, so do not say that you were in the wrong.  I would however seek legal advice  but let them ( the persons who hit your horse )contact you first DO NOT CONTACT THEM, when and if they do contact you refer them to your lawyer saying that he will deal with all correspondence. DO NOT DISCUSS ANYTHING WITH THEM. And if you see them on your property    kick them off  they are trespassing, unfortunately if they aren't you can't do much.   Good luck with everything   let us know how you go  and best wishes and get well to the horsey.

Answer 10

Is there livestock posting signs on the road. If there is it would be the fault of the person who hit your horse. That is how it is in are state  

Answer 11

If I were in your place, I would contact a lawyer right away.  You are most likely liable for damages to others

Answer 12

If the people in the car are o.k, then why bloody sue for damages.????? It's people like them that reak havoc on the innocent. I dont understand why people just sue for the heck of it these days, im not being rude saying this, but it's seems to be happening alot in the States. Trip over a Mcdonalds rapper, sue Macca's.! The people in the car should be thankful that some one's beloved pet lived and that the only thing hurt is there car.! Sometimes it cant be helped when a horse excapes, just like a dog getting loose of the chain. I hope those people are nice enough to understand the complications that they will be putting in your life for mishap that you had no control over. Who knows, could have been kids that let the horse out for a joke. Good Luck and hope everything turns out for the best.

Answer 13

Pray that they won't sue or that your homeowner's insurance will cover their damages.  If you don't have homeowner's insurance get ready to pay up.  

There are two schools of thought on this.

Deny responsibility - deny that the horse is yours etc - not my favorite since I was raised to take responsiblity for my actions.

Or

Since nobody was hurt speak to the people who's car was damaged and offer to fix it.  That is probably all they will want any how.  Most people only want their damages fixed.  Some consider any accident that isn't their fault kinda like winning the lottery and try to get everything they can get.