Just wondering / Drunk driver - Page 4 - The Horse Forum
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post #31 of 36 Old 10-04-2016, 10:18 AM
Yearling
 
Join Date: Nov 2015
Location: Canada
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Firstly, as mentioned, you are liable if your horse is running loose and someone strikes it with their car. However, if your friend had caught the horse and was leading it and the horse was clearly under control, then I can't see how you would be liable.

If this guy struck your horse hard enough to kill it, did he not have sufficient damage to his car? I would think he would have put in an insurance claim for his car (which should have been declined since he was under the influence). In Alberta, we have two years to file an insurance claim. I work in auto insurance, however if might be worth looking into whether you could file a claim for property damage.

Might be kind of difficult to prove the guy was drunk driving when this occurred over a year ago, but if he hit something else in the same night.....you might have something to go on.

I would contact your insurance company or broker that handles your farm/property insurance. If they are knowledgeable enough they will be able to tell you whether you can still open a claim for your horse (this is under the assumption that the horse was covered under your home/farm/property policy). If it wasn't then your other choice is to talk to a lawyer.

Best of luck.
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post #32 of 36 Old 10-04-2016, 10:18 AM
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Join Date: Feb 2013
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Judging by what I just read here https://asci.uvm.edu/equine/law/fence/al_fnc.htm, Alabama is a fence in state. so you probably have no legal recourse as far as compensation. Although the sky widget here is the fact your friend had him in hand, at that point the definition of control comes in to play.

FYI, it is spelled W-H-O-A.
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post #33 of 36 Old 10-04-2016, 10:42 AM
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Quote:
Originally Posted by LoriF View Post
And here it is :) Sorry, I just thought it was funny
.

I knew it, I knew it, I knew it!!!!!!!!! No s in guys...... Cracked me up this morning.
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post #34 of 36 Old 10-04-2016, 11:20 AM
Trained
 
Join Date: Apr 2015
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I would think that at the time of the horse being hit, from a legal standpoint, being loose previously doesn't even come into the equation. At the time of being hit, it was no different than if someone was walking their horse across the street or riding it. When it was at large, the person or vehicle were not even there. It makes a difference from the owners standpoint so as not to let it happen again and that is all.
Because of the events that happened immediately after that event, people would probably believe you but legally it's really hard to prove that the person was drunk at the time of hitting the horse. It was still a hit and run and the witness is the friend that almost got hit along with the horse.

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post #35 of 36 Old 10-04-2016, 12:11 PM Thread Starter
Foal
 
Join Date: Jan 2016
Location: i live in munford Alabama
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well the other land owners are pressing charges and i believe the mans license is being revoked so he wont be on the road any more .

The horse was under control when he was hit he was being lead across the street to my friend house where he could be put in a fence or round pen until i was able to come get him.
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post #36 of 36 Old 10-04-2016, 02:53 PM
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Karma. Good to see it sometimes.

Sorry it won't help you but at least he'll be off the road!
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