Non insured instructor - Page 3 - The Horse Forum

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post #21 of 25 Old 08-25-2010, 05:03 PM
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Are the people taking lessons riding their own horses that are boarded at your barn or are they riding your horses?

I ask this because last year I had a major accident at the barn where I board and ended up in the hospital, big bills, etc. Since the ER listed it as a riding accident my insurance company, unknown to me until they called, decided to try to get the homeowner's of the place where I board to pay for the accident and make them liable because it happened on their property. When I started boarding there I signed all of the contracts and waivers and she even has multiple state provided signs about rider assuming the risk, but when it came down to it, the insurance company still tried. When I talked to my insurance company, because I was very upset and didn't want the family where I board to be liable, they said that since I was riding a horse that I own, even if it is boarded somewhere else, I am the responsible party and my insurance has to pay all the bills. I had to send proof that it was my horse, but the homeowners were not liable. However, they told me that if it is a horse owned by the barn or someone riding another boarders horse, then the owners would have been liable. Don't know if this helps at all.

Do the people own a trailer? Maybe they should just haul to the trainer's facility.
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post #22 of 25 Old 08-26-2010, 06:14 AM
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Re: waivers and contracts -

I am NOT a lawyer, but my understanding has always been that neither will hold up if the plaintiff can prove negligence on your part.

So, yes, they have value and yes, you should use them. And yes, having them in place will help you in a situation where there is injury or loss of property, BUT they will not protect you if the accident, injury or loss of property can be attributed to negligence.

Also, there's a principle know as "the deep pocket." If there is an injury/loss of property, the insurance company will go after the indiviudal with the assets, regardless of most other considerations. The uninsured instructor? Unless they own signifigant assests, not likely to be a target. The insured propety owner, whether responsible for the accident or not? Yup, very likely to be a target, because there's the werewithal to pay a settlement.
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post #23 of 25 Old 08-26-2010, 11:22 AM Thread Starter
mls
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The lesson with the friend would be on their own horse. When they took the lesson with me, they used their horse and one of ours.

No trailer.

They told another boarder they are putting lessons "on hold" for the time being.
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post #24 of 25 Old 08-26-2010, 11:26 AM
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So no lessons with you or the "friend"?
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post #25 of 25 Old 08-26-2010, 11:34 AM Thread Starter
mls
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Quote:
Originally Posted by Alwaysbehind View Post
So no lessons with you or the "friend"?
Nope.

The 'friend' is an odd duck. I have some guesses as to what is going on, but honestly do not care. They came in as short term boarders so I have not invested a ton of one on one with them. I answer any questions and they know I am available if needed.
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