Motor Car hit by horse, not covered by insurance

Driving last week at night, a horse run out in front of the car. insurance company say car is a write-off and are only offering to pay half its value.
The person who owned the horse had no insurance and says he has no money to pay for car repairs. Is it worth trying small claims or do I just have to accept my own insurance offer, take the loss and pay higher premiums next year. All advice welcome.

Why are insurers only offering to pay half the value? Normally they pay the full value of the car. Are you mistaking current value for insured value?

Is horse owner prepared to make any payment at all? Is s/he a farmer, doe they own their own house/land? if so, sue and register a judgement.

There is an excess of €500 on the policy and they are disputing the insured value, but i cannot buy a simalar vehicle for their offer even taking the excess into account. I would rather not go down the insurance route as i think it will cost me more in the long run. I do not know what the position is on the horse owner - he just says, sorry, he has no money. I do not live in the area where the accident happened.

I would imagine you need to find out more about the farmer, its very easy to say 'sorry, not my problem' when it kinda is.

Do you know anyone in the area? Do you have the contact details of this person?

My understanding (unqualified - so by all means correct me) is that if someone has admitted ownership of said animal - then they are liable. Time to get a solicitor involved?

I second Ravima's advice on the judgement or you could try the small claims court. Its not good enough for owner to just walk away.

My inlaws car hit by two large runaway dogs both on leases, just escaped from owner, good damage to front of car (luckily she had seen them coming so was almost stopped and was nearly rearended in the process), owners said no problem Ill pay, few weeks later after contacting him again and again, trip to garda station who said they'd call on him. They told her the owner of the owner of the dogs is responsible for the damage.

I don't understand the issue with the car being over-valued. Normally, an insurance company will offer market-value (not insured value) minus excess minus residual scrap value of the vehicle as a settlement figure.If you believe your insurers are not being fair, price equivalent cars in the market and send them the ads from papers, the internet, etc.

One possible solution is employ a solicitor to progress a claim against the horse-owner while instructing your insurers that you wish to replace your car using your own comprehensive policy and that they can pursue the horse-owner for all costs incurred and restore your NCB (they may not - some NCBs are on the basis of being "claim-free" others are on the basis of being "accident-free", even if this accident does not result in a claim).

I would write a letter to the local Superintendent giving details of incident. Details of owner(whatever) you have etc and asking that they contact the person involved as you wish to take matter further via insurance.....


He might have been chancing his arm saying he had no insurance.

Gardai can revert and let you know.

This extract is from Morgan McManus Solicitors in Monaghan. Might be worth to contact your own solicitor and see where you stand.
Animals on the Road

Sometimes animals cause accidents when straying onto a road. An owner has a duty to keep cattle, horses and other livestock off the road so that accidents are not caused. If an owner of a dog knows it is likely to run across a road and might cause an accident, he or she may be held responsible. But it may only be worth pursuing a claim if the owner can afford to pay damages, or has insurance

Thanks for all your replies. I will try and get more details on the horses owner and see if it is worth persuing him. As i said, I would rather not have to claim off my own insurance.