Collision with a horse

[lauryloo]

so last night we were involved in an accident where a horse bolted out of lane onto the main road and into our car.

the police have advised that its a non fault accident but the other party is claiming that they don't have insurance that covers the horse.

where do we stand here? there are 3 injured parties in the car (thankfully not seriously) and the car is most likely a write off (i can recommend a skoda fabia - they handle horse impacts quite well). Do i just go through my insurance?

[des8]

If you have comprehensive insurance, make a claim on it.
That's why you pay premiums.

If your policy includes personal injury, hopefully there will be some compensation there.

From a police point of view it might be a non fault accident, but the person in charge of the horse is liable for damage it causes.
If it bolts, it is not under control.
The Animals Act 1971 imposes strict (automatic) liability for the keeper of an animal which causes damage or injury and horses fall under this Act

If the person does not have an equine liability policy, they may have a public liability extension on a household policy that might cover them.
However that is their problem.
If you and other injured parties were to sue successfully for your injuries, and the third party had no money or assets, you wold have a problem obtaining any award.
If your motor policy includes legal expenses insurance that would be the way to go if you wish to take action against the third party.

[lauryloo]

thank you - i've started the process of claiming through my own insurance. Its just frustrating. The owner of the horse has nothing, and apparently has no house insurance either. Which is an absolute nightmare.

I do feel bad for him, but he really should have made sure his horse was properly secured. We are honestly lucky to be alive.

[des8]

He has nothing but the horse?
If he has no resources and no insurance how does he suppose he can take care of the animals needs?
He works? .... if you were to sue successfully for Personal injury recovery of an award could be made by an attachment of earnings.
Might teach him his responsibilities.

But I can understand you might want to avoid the stress