Daughters horse hit a car

System

Would somebody like to define what 'too close' is? It is only the OPs opinion that the driver was too close, OPINION!

Is 4 feet to close? On some country roads in my area that is the maximum clearance that is possible unless the rider is in the hedge.

atrixblue.-MFR-.

Scooby_Doo. wrote: »

What is it then?

the code of RULES governing the public highway didnt you know that.
stick to going "walkies" if i were you or be a passenger.

Scooby_Doo.

atrixblue.-MFR-. wrote: »

the code of RULES governing the public highway didnt you know that.
stick to going "walkies" if i were you or be a passenger.

The RTA covers the rules, unless of course you have evidence of anyone in the UK being prosecuted for breaking the Highway Code.;)



Certain rules in the Highway Code represent various road traffic laws and must be obeyed. Others are not compulsory, but advisable.
The Road Traffic Act 1988 says:

A failure on the part of a person to observe a provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under the Traffic Acts, the [1981 c. 14.] Public Passenger Vehicles Act 1981 or sections 18 to 23 of the [1985 c. 67.] Transport Act 1985) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings.[8]

ROY47

am I missing something here ?

horse kicks car ,dents it and the question is why should we pay for repairs ??

next time keep horse in field where they belong

that's my view on it .

asbokid

Well said, Roy.

These nasty beasts should be in the field or on the plate. I hate to see them on the road. This is the 21st century, not the 19th. Pardon the pun but the law is an ass when it comes to horses on the public highway.

The law lords in Mirvahedy v Henley struggled to decide, for the purposes of establishing liability, whether a horse is a domesticated animal or a wild animal (ferae naturae).

The French have the right idea: the horse is considered livestock.

http://www.publications.parliament.uk/pa/ld200203/ldjudgmt/jd030320/mirva-1.htm

skiddlydiddly

!!!!!! wrote: »

Would somebody like to define what 'too close' is? It is only the OPs opinion that the driver was too close, OPINION!

Is 4 feet to close? On some country roads in my area that is the maximum clearance that is possible unless the rider is in the hedge.

I was thinking the same thing.Some roads are just too narrow to pass with a decent gap.

Hintza

OP do nothing until you inform your insurer. They might not even accept liability. The car driver will have to claim negligence on the part of the rider to have any chance of winning a claim.

Having said that you might feel a moral duty to help pay something towards the drivers costs.

rev229

I was hit by a horse about 10yrs ago, I had already passed the horse but had to stop to allow the car ahead to turn right. I was stationary when it hit me damaging the rear of my car. The rider was a young teenager who was a little inexperience. However I had to claim on my insurance and lost my no calims bonus as a horse cannot be liable for the accident!!! The owner did have insurance but that made no difference. Despite having given the horse and rider a very wide berth passing them something spooked it to my cost. In the end i was just thankful that my DS who was 2 at the time wasn't injured. I really dislike horse even prior to the accident as i had a close shave with one bolting out of a field just after I had passed my driving test!! Scared the life out of me!! Now I see horses on the road and if I can will avoid them. If I have to pass I will move as far as I possible can and creep pass them very slowly! My bug bear is that they don't even have road tax and the amount of poo they leave behind!! I am a dog owner and have to pick up my doggy-doo. Different rules for horses dumping wherever! Rant over!

HalfPint

!!!!!! wrote: »

Would somebody like to define what 'too close' is? It is only the OPs opinion that the driver was too close, OPINION!

Is 4 feet to close? On some country roads in my area that is the maximum clearance that is possible unless the rider is in the hedge.

4ft is too close...in your scenario, the rider should trot on and pull into a gateway, passing place or layby to allow you to pass safely and, thank you for being a patient and considerate driver.

edited to add....kicking distance is "too close"

HP x

mumps

On lanes near where I live it can be very difficult to pass horses as the lanes are narrow, I have had grief from riders when I have waited for a wide enough space to pass a horse (they didn't like me being behind them, leaving a fair space and driving slowly and just waiting for somewhere to pass) been ignored by two riders riding next to each other and effectively blocking the road and having quite young children struggling to control an animal they clearly couldn't control. I have nothing against horses or riders but I had to pass a test and get insurance not to mention road tax to drive on the road and yet I see these horses and riders and sometimes they seem like an accident waiting to happen. I don't want to see an accident happen but I am sure it is not rare.