HorseSolicitor succeeded in a personal injury claim for a horse rider who sustained a life changing injury whilst out hacking with a friend.
The circumstances of the accident were that our client was positioned at the front of the ride when a lorry, travelling at approximately 30 to 40mph, approached. Our client was concerned that the noise, size and speed at which the vehicle was travelling would startle the horses. She gave a hand signal to ask the driver to slow down.
The driver failed to reduce his speed despite her signalling for him to do so throughout his approach. As the vehicle came parallel to our client, her horse reared, causing her to fall and sustain injury.
The lorry driver failed to stop and the police were unable to trace him.
HorseSolicitor submitted a claim to the Motor Insurers’ Bureau (MIB). The MIB is an organisation which exists to compensate people that have been injured by negligent drivers, who are either untraced or uninsured.
The case was initially rejected by the MIB so we advised our client to instruct us to appeal the decision. On appeal we argued that it was reasonably foreseeable that a large vehicle, travelling at 30mph – 40mph past horses, would result in them spooking and the rider sustaining injury. The prudent driver would have slowed right down, particularly in light of the fact that our client had signalled for him to do so.
It was further argued that the MIB had failed to take into account contemporaneous evidence of negligence within the police report and that it had failed to fully investigate the matter, having neglected to interview the other rider.
Our appeal was successful and the matter settled for £450,000.