HorseSolicitor was instructed on a no-win no-fee basis by Miss A in relation to a road traffic accident that occurred on 13 November 2013.
The circumstances of the accident were that Miss A and her friend were enjoying a hack on a quite country lane when a van, travelling in the opposite direction and towing a flatbed trailer, came past too quickly and too close. The rattling trailer, speed and proximity startled Miss A’s horse which resulted in him spooking. The third party struck the horse’s side causing Miss A to fall and sustain injury. Sadly the horse was euthanized as a result of the injuries that he sustained.
As a result of the accident Miss A was taken to hospital where she spent 4 nights as an inpatient. She broke all bar one of the metatarsals in her foot and the bones around her elbow.
The accident was reported to the police. The police did not charge the third party with careless driving and the contents of the police report were unhelpful.
A letter of claim was sent alleging fault on the basis that the third party had driven contrary to how the Highway Code advises motorists to safely pass a horse and rider. Liability was denied.
HorseSolicitor took a detailed witness statement from Miss A and the rider that had been accompanying her at the time of the accident. The statements were sent to the third party insurer and court proceedings were threatened in the event that a settlement could not be reached.
An offer was received in the sum of £20,000 plus our client’s reasonable and proportionate legal costs. Following further negotiations the case settled for £25,000.
If you have been involved in a road traffic accident call for specialist equine law advice now on 01446 794196.