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Why wasn't damage to my car covered by this horse rider's insurance?

I had just taken delivery of a brand new car. It was parked on the road outside my house. Three quarters of an hour later, a lady knocked at the door. She said that she, along with three other horse riders, had gone past my car. Her horse then became spooked and started to back up and kick out. It caused substantial damage. The lady said, “Don't worry, I'm insured.” This happened back in February.

Her insurance company, which is recommended by the British Horse Society, said “how can we hold the rider negligent when she did everything she could to control the horse. Furthermore, you can't take a horse to court.” It seems very unfair that I should have to foot the bill for the hundred pounds' excess.

Asked on 14 October 2010 by GA, via email

Answered by Honest John
This is now covered by an FAQ at www.honestjohn.co.uk/faq/horse-rider-liability. Horse and rider liability on the roads is entirely different from the House of Lords verdict of Mirvahedy v Henley 20-3-2003, which concerned general livestock escaping from fields.
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