So Apparently Horses Think The M1 Is A Paddock - Sorry for people with shit internet, large files.  

GHOSTY

Glad to hear you are being covered finacially for your loss. That would just suck if you got stuck with the bill too.

DAL32

I thought the idea of bullbars were so you could hit that sort of thing and come off relatively unscathed.

Not surprised that idiots are coming out with the "how didn't you see it" comments. I got the same shit when I hit a dog on a suburban street.

the_random_hero

Not much is standing in the way of you hitting a 500kg object at 120km/hr, no matter how big the bullbar is.

devi8

fuck dude! as you say, it could have been much worse...

timmy_o

Not sure if they were local or not. I have the ladies details in which I passed onto my insurance company but they were microchipped etc. That would be a stupid thing to do to change horses over in floats on a motorway. Coming from a farm when I was growing up they can be a SOB to get in sometimes, especially if it was to be spooked by coming traffic etc... Yeah the lady travelling behind me that stopped to help me said she did not see them either.




Wow. When I hear that, even looking at my own photos and realising how lucky I am, it makes me feel even more lucky considering bullbar on a hilux compared to FTO

timmy_o

And thanks for everyones wishes on a recovery to

nferno

As for not seeing it. One night heading down the coast i almost collided with a pile of dirt. Just a pile of dirt sitting in the left hand land. Like a body truck had just tipped it off there. Missed it by meters. Didn't see it till i was up close. A night shit like that just blends in with the scenery.

Ralli

Are you kidding, if the horse comes out of nowhere , you may see it, but not going to be able to stop quick enough to not hit it, and being a animal, you could swerve to miss it, but it could move into the direction of you swerving.
Have you ever had an animal run out in front of you ? its fucking scary ...


Least you will have the joys of boost to keep you company in your recovery ...

trev084

Years ago a mates workmate was driving towards Toowoomba on the Warrego at Walloon at dawn and a horse ran out, the impact of him hitting it turned the truck (light truck with toolbox rear) on it's side and killed the driver.

da_foles

Mate you are one lucky Bloke. something was watching over you. Glad you are alright.

slow bus

I hit a horse in my falcon back in the day, it took 3" off the roof height and wiped out the front end, luckly I was only going 60 at the time

When the police showed up they were trying to fine me for driving without undue care and attention

atec77

[quote name='timmy_o' date='Feb 26 2011, 11:22 AM' post='1287078997']
So, I've just got home from hospital. Was driving home from dropping a mate off after being in Broadbeach on Tues night, was about 1.30am. I dropped him off at Merrimac (Exit 77) this is the last I remember. I then got back on the M1 to continue north to my house and hit a horse at around Exit 75. There was apparently two horses from what the lady that stopped behind me said. I can't remember anything from dropping him off to when I woke up in the Emergency Room. I wrote my car off, was in the FTO. Have two fractures in my skull and going by the pictures I honestly don't know how I am not dead or paralysed etc. Just thought I'd share the pictures with everyone. :]


Might be the right time to purchase a casket ticket and say a prayor or two ?

350stato

Holy fuckin shit!!!! Scratches on car should buff out right?.....

_Ben

Hectic shit

Good to see you're all good though

timmy_o

Just spoke to the chick who was behind me a bit more. She said they both just ran out at last second from the side. So had no choice but to hit it. My old girl flew up from Tas to look after me. We were discussing how you can see wreckages like mine and others and how people survived and see things far less worse and people die.

Ralli

It just wasn't your time ....

BWAAAT

oooo very lucky, a bit over a year ago 1 of my relatives died hitting a horse.

WinKE55

exactly.

My cousins crash, he survived with nothing done to him. Was a slippery road after they picked up some mcdonalds, lost control and rolled into some wall.

escape91

glad your alright. pretty hectic

s11via

lol this

COPY&PASTE

Dry bro,very dry

timmy_o

So apparently because the paddock the horse is meant to be in doesn't attach to the M1, I am at fault and have to pay excess? This doesn't seem right to me. The horse is owned by a person whom they are aware of the owner. Therefore it is the owners responsibilty to keep the horse within their own property not roaming around the M1? It's not my fault their fence is damaged. Off to the solicitor I go.

...91LTI...

Damn dude that is a nasty acco, definitely must not have been your time...

Glad to hear you're ok (might have been a different story with your mate in the car too)

As for the excess, wtf, that's just plain gay.

Where is the common sense in that?

timmy_o

.

176OES

couple of things...

1st, glad you're alright... I know what its like, we hit a horse in a Hyundai Excel... it took the roof off, so yeah... I know how lucky you are!

2nd, the excess applies where the insurer has no one from whom they can legally recover their losses. If it can be proven the owner of the horse is legally liable, then your insurer will be seeking to recover their claim losses from them. You may find that they could be asking an excess in the interim whilst liability is being ascertained... and if it does get determined through admission from the owner or through court proceedings between the insurer & the owner that the owner is liable, you may be refunded your excess as a result.

timmy_o

The owner has admitted that the two horses are hers. And the fence was broken that's why the horse got out. Just had the council send me 57 pages of stuff, it says that the owner is responsible to have it refrained on her property. That she has failed to do so. Therefore it is her issue.

Ralli

I was going to say, how can it be your fault for hitting a horse that ran out in front of you and you had not time to stop etc ?

176OES

Simple Ralli - if the owner of the horse is unknown, then it is impossible for the insurer to recover losses. As such an excess is applicable.

Unfortunately the terms 'At Fault' and 'Not at Fault' in the insurance world give the implication that a finger of blame is being waved at the driver and they are the naughty one if the insurer cannot recoup losses. If it were termed 'Recoverable' and 'Non-Recoverable' it would make things a lot easier for people to understand.

Say for example it were a kangaroo, which is wildlife, and has no owner - excess would apply because the insurer cannot sue the Kangaroo (or the estate of the kangaroo in the event of its death)... Now, as mentioned above... if the term At Fault gets used, it sounds harsh on the driver, not his fault the dickhead roo jumped in front... if it were called non-recoverable, makes a lot more sense in relation to the circumstances.

Just a pity we cant change the names on these things, but I hope that helps clear it up

timmy_o

I understand it. However they have all the horse owners details as the horse was microchipped. They said to me if I hit it on the road that the paddock with the broken fence was on I'd be covered but because it was elsewhere I'm not. I fail to understand.

Ralli

ahh okay , got it .. .

G-uni7

my sis was the one that helped you n gave you the towel

i was there also
i went looking 4 the other horse
the horse you hit died on impact
hope your ok

176OES

I would be arguing the point with your insurer.

As you say, it is irrelevant. The fact remains, the horse belongs to John Smith, it is John Smiths responsibility to ensure the horse is kept within its area.

It makes no difference to the owners liability if the horse was on the road adjacent, or running down pit lane at bathurst... it was still outside of its enclosure.

If they say it is not covered, have your copy of your policy booklet (PDS) handy and ask them ton point out where it outlines that clause (pretty sure it wont, but re-read it first just in case). For them to exclude cover on something, it NEEDS to be outlined in that booklet... if you dont have a copy, download it from their website.

Also your PDS should outline the dispute resolution process... follow that and dont be afraid to escalate it if you're not happy with the answer.

8spokeracing

Glad your okay, but this is a bit rich, you could have been killed and their asking for you to pay excess...lol what is this some kind of joke on your behalf, the lady should pay for the excess as to keep you happy so you don't sue for negligence or whatever bro...Don't let it slide man, lube these @#$!s up the ass for not being able to look after their animals, the same way the police lube us when you have a defective vehicle...Pardon the pun, but thats what i'd do...get well soon

timmy_o

Nicole? My wife and herself have been in contact reguarly. Once I'm mobile and driving again I'll definitely be going to see her. I am ever so thankful. There needs to be more people like this on the planet.







To above two. I'll go through the PDS today see what I can scrub up. I've gone through the Council legislation which it clearly states in there she has committed an offence. Sent this through to the insurance company they said that it doesn't matter as I need to prove the horse owner was negligent? I still fail to understand this also, how being negligent or not overrides the law? And yes, I've escalated it to the supervisor who has so far been helpful. She said to give her a couple of days. As I said before I don't want to be an asshole, I just want to claim my insurance for my car and my health so I am not out of pocket and I will be satisified. But if I have to go through the drawn out process of the courts, I'll be claiming full, everything which I am entitled to now, but I don't see the need. I just want to continue as per normal.

Ralli