horsebackriding accident and insurance co.

[Otto_2000]

We live in New York. My husband had a horsebackriding accident in which he broke his pelvis. He was hospitalized for 2 weeks and may recover without the need for surgery. This happened on a rental horse at a riding stable. Our health care provider has just sent a letter to us stating that they "need to obtain detailed information to determine if another party is responsible for the medical treatment provided." They want to review medical services provided and/or paid claims that may have been the result of an accident or injury.

Does this letter mean they are considering suing the stable? We filled out a form stating we were riding at our own risk and that we would not sue. If the health insurance company sues, do we have to be named on the lawsuit? We really don't want to sue anybody, but, I read a long time ago that a woman who was hurt in a riding accident was told she could either cooperate with the insurance company and sue, or they would not pay her claims. What say ye?

 

[cbg]

Not necessarily suing. Subrogating, possibly. That's not quite the same thing.

IF the stable is found to be at fault, (investigating that possibility does not mean they automatically will be found at fault) then depending on the terms of the insurance contracts involved, possibly your insurance carrier would have the right to have the stable's insurance carrier reimburse them. That's not the same as suing them.

 

[BelizeBreeze]

And with the Equine tort reform act, the stable must have acted negligently in order for them to be liable.

If you hubby was riding and the horse bucked or started at the site of a snake, for example, then the stable is not at fault. If the stable put a saddle with a cinch that was worn and frayed and it broke while he was riding, then they will be found at fault.

See the difference? There are certain risks anyone assumes (legally) when participating in a sport, one such is injury or death.