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Post by lilaclomax on Dec 11, 2011 13:01:25 GMT 1
I am after your brains!
My sharer was bringing Shadow out of the field around 3 weeks ago when Timmy try to barge his way under the electric fence into the corral area causing Shadow to spook and rush forward. The main gate was only just being opened which meant it became tighter as he pushed forward so he panicked even more and pulled backwards catching his rug, the rug eventually gave way and the gate swung back into a second gate which hit the father's car.
My sharer has BHS gold membership and her father contacted them with a claim against Shadow as accidental damage... They responded on Friday saying that they are unable to settle the claim as the damage was caused by a horse acting naturally.
This is where I need the help, both ponies are insured by the BHS gold membership against my sharer and I also have my own insurance for Shadow although I wasn't present at the time hence the reason I requested my sharer had the insurance herself!
Where should we go from here? The car has a small amount of damage to the nearside wing and has yet to be repaired.
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Amanda Seater
Grand Prix Poster
Listen to your horse you may be surprised what he may tell you about yourself
Posts: 3,866
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Post by Amanda Seater on Dec 11, 2011 13:26:25 GMT 1
I thought that was the whole point of third party insurance. Surely anything a horse does could be considered as "a horse acting naturally"  ?!!!!So does that mean the insurance is worthless?? Sorry not much help. |
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Post by jill on Dec 11, 2011 13:54:19 GMT 1
I would pursue the insurers, argue the case and if they still refuse to meet the claim, take it to the Insurance Ombudsman. In exactly what circumstances WOULD they meet a claim - it would be useful to know to consider whether it is any use having such a policy?
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Post by rifruffian on Dec 11, 2011 13:57:13 GMT 1
Your first move has to be to obtain a copy of the insurance policy terms and conditions. Go to the section which deals with cover for liability to third parties (public liability) and read it line by line to see if there is an exclusion to cover circumstances where horses act naturally. If no such exclusion exists, pursue the claim and highlight the fact that you have not been able to find that exclusion.
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Post by rifruffian on Dec 11, 2011 14:06:16 GMT 1
The other point that strikes me is that it is not the father who should be in touch with the insurance company, it is the polcyholder who should do that. The car owner makes a claim against the horse owner or handler, personally......then the policyholder deals with the insurer.....I think.
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Post by outoftheblue on Dec 11, 2011 14:50:40 GMT 1
I hope you get this sorted out - I rely on BHS Gold membership and it would worry me to think that they might not be helpful if I needed them.
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Post by Furiey on Dec 11, 2011 15:12:04 GMT 1
I hope you get this sorted.
I have little faith in insurance companies paying out where horses are concerned after an incident where we lost a pony when I was a child.
We were riding in the woods when something spooked the ponies and they bolted. My friend on the second pony (my sister had briefly lost her nerve) was swept off under a tree. I stayed on but was unable to stop my pony bolting out of the woods and across the road along the edge of the woods. The second pony followed and was hit by a car who had no chace off stopping to avoid a pony appearing directly in front of him from a gap in the hedge. The pony broke a leg and had to be put down. The car was completely smashed in at the front (written off). It was a vintage car that the man had just restored. Our insurance refused to pay out as they said we were not negligent and the pony behaved as a pony would. We felt sorry for the man who could not have avoided the accident as we believed that was exactly what we had insurance for. This was nearly 40 years ago and it sounds like things haven't changed much. Still can't afford not to have this insurance on the offchance that something happens and they do deem you liable - and then the bill could be enormous.
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Post by BJMM on Dec 11, 2011 17:14:24 GMT 1
Surely a horse will always act 'naturally' ? I am also an insurance sceptic, they will try to wriggle out of paying a claim if they possibly can! Agree with the others - read the policy carefully then push via the Ombudsman if necessary. xx |
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Post by lilaclomax on Dec 11, 2011 19:30:34 GMT 1
Thanks all for your advice so far, her father is going to put everything into writing to the BHS. The other point that strikes me is that it is not the father who should be in touch with the insurance company, it is the polcyholder who should do that. The car owner makes a claim against the horse owner or handler, personally......then the policyholder deals with the insurer.....I think. rifruffian, the car belongs to my sharer's dad (actually his company car) and he is the policy holder for the vehicle claiming against my sharer's insurance policy she holds for all horses she handles! It does appear that having the insurance is not worth anything other than a quarterly magazine and badge... Scary how we are all told to hold public liability insurance and yet this clear cut accident appears not to be covered? |
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Post by clipclop on Dec 12, 2011 11:42:06 GMT 1
If this occurred at the yard then it would be third party cover rather than public liability insurance that would cover it? If you only have bhs cover then I don't know if you would be covered.
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Post by jen1 on Dec 12, 2011 11:49:32 GMT 1
he needs to contact his car insurance company, let them deal with it,
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Deleted
Deleted Member
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Post by Deleted on Dec 12, 2011 12:06:47 GMT 1
Lets just have a reality check here... the whole point of insurance companies is to protect you from being sued. They do that by having legal teams to argue the case and refuse to pay anything they don't absolutely have to. So they're doing their job.
They're probably also refusing to pay because if someone is daft enough to park their car where a gate can swing into it then damage is to be expected.
If you want an insurance policy that pays every claim regardless of how trivial and that the aggrieved could have prevented it then you'd be paying £50,000 a year not £50.
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Post by rj on Dec 12, 2011 13:59:12 GMT 1
Righto, I'm an Insurance Broker, trust me!!
Michelle is more or less right there.
So, if the Insurers have refused to pay it's because they don't think their policyholder is legally liable, and therefore should not be expected to pay for the damage herself.
If they did decide she was legally liable, they would pay.
The motor insurers should deal with the damage in the first instance, and if they feel that they have a case to claim reimbursement, let them fight it out with the BHS Insurance.
I don't think much of the person trying to make a claim - against their own daughter - when they'd obviously parked their car where it could be damaged by a swinging gate!!
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Post by lawyerbunny on Dec 12, 2011 14:10:30 GMT 1
Yep, agree with rj and michelle. Your insurers are indeed doing what you pay them to do and trying to avoid paying a claim on your policy. This is one for them to argue out between themselves. If you want to have a look at the policy wording (they'll supply it if you don't have it to hand) to check what exclusions apply, do. You can ask them to explain the basis for their stance and what provisions they're relying on, if it's not clear. Sometimes helps to check, by reference to a specific situation, whether your cover does the job you need it to.
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Post by cookie on Dec 12, 2011 15:39:47 GMT 1
This is exactly why premiums are so high tho. Some people treat them as a savings account and seem to think they have a right to claim for all sorts without accepting responsibility themselves... Red wine on the carpet? Claim on the house insurance. Kid falls off at riding school, let's try claim against the RS...
The reason we have 3rd party LIABILITY insurance is for the time we do make mistake and something happens to someone else or their property. As michelle says, if we are sued in that instance it really could be a crazy bill.
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?!!!!So does that mean the insurance is worthless??
