Question & Answer – Horse Killed By Careless Driver

July 27, 2010

QUESTION:

My horse was hit and killed at 3:45am on 1 July. Area was determined to be Open Range. Fence showed signs of being tamped with. Driver admitted to going 65 in a 55 mph zone. Skid marks on road say he was going faster. State Patrol Officer stated he felt driver had been drinking but passed a FST. Could not do a breath test since he wasnt arrested. I have picts of the car and the horse. Horse had left leg at hip ripped off and she had been gutted from the impact. There was an open beer can in the car. Passenger had minor facial injuries. There are no obstructions to sight and line of sight is a good 8/10 of a mile of straight road. Horse was a 2 year old filly valued at 10,000.00, registered champagne walking horse. Insurance first offer was 5000.00. Where do I go from hereAdditional informationHorse was valued at 10000.00 by my horse trainer who has over 60 years in the business. Untill this year he was a Nationally accredited show judge. I can also get an evaluation from the gentleman that is my farrier, he owns and operates a boarding/training/tack sales facility just down from me.

ANSWER:

Unfortunately, under the law, animals are viewed as property and so the replacement value of a piece of property is how the value is determined–not whether or not the horse had anything special. So, if your trainer says the horse is valued at $10k- is that the cost of buying a new horse or is that taking into account any special feature of the horse such as good genes or some such.  If the horse was used to stud or for purposes of business, you may look to see if you can claim any loss of business, or business value loss etc… You will need an expert on this.

Having said that- If the replacement value of the horse is $10k, you may have to gear up for a lawsuit and take the matter into litigation. You will need to speak with an attorney in your area and move forward.

via Horse killed by car. Insurance adjuster only offered half her value. – Avvo.com.

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Comments

Comments

  1. Jane Gano says:

    I suppose these sort of issues comes up a lot in rural areas. I don’t have many horses around me but I suppose it is always good to have this sort of information handy.

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