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Who is responsible?

  • 26-02-2011 5:24pm
    #1
    kevin99
    Closed Accounts Posts: 315 ✭✭


    Who is responsible if a horse bumps into a car on the road? Who does the motorist claim against - the owner of the horse? Or if the horse is from a riding stables, does the owner claim against them?

    I was driving along a narrow road yesterday and a horse and rider were up ahead. I only say them at the last minute because they came into view about 20 yards beyond a sharp bend.

    The road was quite dark because of tall trees and overhanging branches and the rider was wearing dark clothing.

    Luckily, I wasn't travelling at speed or I would have ploughed into the back of them.


Comments

  • #2
    bullylover
    Registered Users, Registered Users 2 Posts: 110 ✭✭bullylover


    mmm did you hit the horse? or did the horse kick out as you went by?
    If you hit the horse I'd hold you responsible. Even if the rider had no reflective gear on. I think it would be the same if you can round a corner and hit a person or another car.
    If the horse kicked out and struck your car, then responsibility lies with the owner/rider. I'm sure if the horse is from a Riding School, they would have third party anyway.
    Must have been a horrible experience! At least no one was seriously injured.


  • #3
    Kens
    Registered Users, Registered Users 2 Posts: 52 ✭✭Kens


    If you hit the horse then you are responsible for the damage to your car also if there are any injuries to the horse or rider you would be liable for vet or medical costs too, if the horse kicked out at you the horse owner/rider may be held responsible there is a possibility that you could still be liable as it could be claimed that you were not exercising sufficient caution.


  • #4
    convert
    Registered Users, Registered Users 2 Posts: 9,339 ✭✭✭convert


    I assume it would also depend upon whether or not the rider gave the driver any directions (slow down, stop, call on, etc.) and whether or not the driver followed them.


  • #5
    helibelly
    Registered Users, Registered Users 2 Posts: 158 ✭✭helibelly


    Interesting question, with a surprising answer, your insurance company will peruse the other party regardless of blame. Unless you specifically obtain an admission of blame at the accident (which I strongly recommend you never do as you'll never get insurance again) it is in the interest of the insurance company to pursue the opposing party. Not wearing reflective clothing, not having your animal under control etc will be used against you. If you're riding outside of the school on any animal you really should get insurance, 3rd party as the very minimum. It is a sad reflection on the way society is going but riding without some form of insurance (and if you think you're covered by your yards insurance you really really need to check the small print) is at best foolish. Soz to put such a downer on you but it's the world we live in :(


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