Full question:
My horse broke thru the fence and got in the road. He got hit by 2 vehicles, the first driver is suing me and the second drivers insurance company paid her but the insurance co. wants me to reimburse them. Who would be a good lawyer in Bennettsville, S.C., and what are my rights as the owner of the horse. I live in North Carolina but my horse was at my boyfriends house at the time of the accident and he nor I have any type of insurance.
- Category: Automobiles
- Subcategory: Insurance
- Date:
- State: North Carolina
Answer:
We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.
I am sorry about your horse. Same thing happened to my wife's horse a long time ago.
It is possible that you are not liable for the drivers' damages, or not for all of their damages since they may be partially or wholly at fault. Drivers are normally required by state law to be in control of their vehicles and to drive at a speed where they can stop when they detect an impediment in the road, such as your horse. If they had been in control of their vehicles, they would not have hit your horse - unless your horse dashed out in front of them, which they will no doubt claim. Still, a person driving, seeing a loose horse on the side of the road, should slow down to a speed at which they can stop if the horse makes a sudden move.
If there were some evidence (witnesses, video, the drivers' own statements to police immediately after the crash) to show the drivers were at fault in hitting your horse, you would be in a position to sue them for the value of your horse. However, I realize it is unlikely that this sort of evidence would be available.
These kind of arguments would be made in court by your lawyer if you are sued. You report you are already being sued, and the other driver's insurance company is demanding money from you, and probably threatening to sue you. Unless you want to cave in and pay whatever is being demanded of you, you need a lawyer to represent you. Please consult our list of attorneys at the following link. There is likely one within an hour's drive. Not only can the lawyer defend you, but also find out if any odd insurance coverage might be available after all, such as your boyfriend's homeowner's insurance (if he has a mortgage, the house is insured - though it may not cover this accident - but you never know).
http://lawyers.uslegal.com/accident-and-injury/north-carolina/
Best of luck.
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