Re: Legal Advice - Accident on someone else's property - broken arm
Post 2
Although a little different I am currently filing a claim against my accident insurance following a crash in which I was knocked off my bicycle. Apparently 100% fault of the car driver - wrong side of road, over speed limit and well over the alcohol limit. I have been told by his insureres that whatever my insurers do not pay, they will cover and I can 'porter plainte' to cover myself against any relapse later on - but then the police were involved right from the beginning.
Your case is different in that you fell of the horse. Could it be argued that you were 100% to blame. If not, was the horse frightened by a passing motor vehicle? To claim from the third party could be difficult and costly and you would have to prove that the third parrty exposed you to a dangerous situation without warning you. So you have to weight the shortfall against the costs. You also have to check with your firm why your/their insurance is not paying the full amount. Remember your company has no interest in you and will not negotiate hard on your behalf - they are interested in keeping premiums down.
Take another example. You go with frends in the mountains in France (maybe Switzerland as well) and there is an accident and one of you is seriously injured. The responsibility falls on the most experienced person in the party or the person who organised the walk. He might be censured if the court decvides that he organised a walk which was dangerous and did not warn the participants but unless he has taken out a specific third party insurance you will get nothing.