|
Car
vs. Horse: Who Pays?
Q: A
car crashed through our pasture fence and broke my horse’s
leg in three places and he had to be put down. The
highway patrol came out and took a report. The driver
does have insurance. Do you think the driver’s
insurance covers the loss of my horse, the fence, the
vet bill and other costs relate? What should I do? This
was not our property, pasture was rented.
A:
I'm terribly sorry for your loss.
In answer
to your question, typically, when you drive a car and
cause damage to someone else's property as a result, you
are responsible for making the property owner whole. For
example, if you crashed through the front window of
someone’s house and right over their brand new stereo,
you’d be responsible for damage to the yard, the front
window and the stereo. Horses may be family to us, but
legally speaking, they are property.
You have
a claim against the driver of the car for the value of
your horse as well as the expenses you incurred in
putting him down. The pasture owner has a claim against
the driver for the broken fence and any other damage
done to the pasture.
Note that
the claims are against the driver, not the insurance
company. In this case, the insurance is, simply
speaking, a contract between the driver and the
insurance company where the insurance company agrees to
pay certain types of claims on the driver's behalf. If
the insurance company denies coverage, the driver still
has the responsibility to remedy the damage you suffered
as a result of his or her actions, and you can take him
or her to court to recover your damages.
That
being said, as a first step, it is usually most
practical to work with the insurance company directly,
because the driver usually depends upon the insurance
company to handle the claim. If you know who the driver
is, you should contact him or her and take down his
insurance information: carrier, policy number, phone
number and the named insured (if other than the driver).
Ask the driver if there is a particular person handling
the claim. If you do not know who the driver is, you
should be able to obtain a copy of the police report
containing this information, although you may have to go
into the police station and show proof of your identity
to obtain the police report.
I also
recommend contacting your own homeowners' insurance
company and enlisting its help in pursuing the driver's
insurance company. Horses are typically NOT covered
under homeowners' insurance policies; however, your
insurance company may be able to assist you in obtaining
results from the driver's insurance company. It is
certainly worth the call to ask, as having another
insurance company involved can often help cut through
red tape.
|
