The accident circumstances were that on 9 April 2017, our client and her horse were proceeding correctly at walk along the road when the Defendant’s insured attempted to overtake on a blind bend despite the road having double white lines. As the Defendant’s insured’s car was alongside our client's horse’s rear legs a vehicle approached from the opposite direction and the Defendant’s insured pulled back inside the white lines and struck the horse’s rear legs.
Our client sustained a soft tissue injury to her right thigh and left upper arm and developed a fear of hacking out. The horse sustained injuries which required surgery and will not make a full recovery, he has been retired.
HorseSolicitor was instructed and sent a letter of claim to the third party insurer alleging its insured:
- drove his vehicle without due care and attention;
- failed to keep any, or any proper lookout;
- failed to observe and/or heed the presence of the Claimant and her horse on the road;
- failed to follow the Highway Code and pass wide when overtaking a horse;
- Drove into the Claimant and failed to avoid a collision;
- performed an illegal manoeuvre by crossing the white double white line;
- exposed the Claimant to foreseeable risk of injury;
- was otherwise negligent in all the circumstances.
Liability was admitted early in the case but quantum was in dispute. Court proceedings were commenced and the matter settled for £23,000.00 on 4th November 2019.