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Hello everyone. I'm new to all this so bear with me. The other day while overtaking a pony and trap the driver/ rider struck my car quite hard with his whip. I was shocked as I'd done nothing wrong so I indicated and pulled in. I got out and confronted the man and asked for his name and told him I'd report him. He told me to F--- off and said I had passed him too closely.I argued that I had not and things got a bit heated. When he raised his whip again threateningly I grabbed hold of it fearing he would strike me. He warned me to let go and when I refused he started to climb down from the trap and tripped. The pony was startled and reared up and then took off damaging my car in the process. I told him I was calling the police and again was told to F---off. Someone in a white car arrived who knew the man and they drove off in pusuit of the pony and trap. The police arrived and took my statement and then went looking for the man without success. My insurance documents state that if I have an accident that is not my fault , I wont have to pay the £300 excess. This document is pinned to the rest of my policy documents and contains no exceptions or exclusions. However now that I've put in my claim I'm being refered to a little leaflet not attached to any of the main policy documents and written in writing too small to be read without a magnifying glass that this only covers accidents between motor vehicles and where the insurer can retrieve their money from the other party.

Finaly my question. Is it legal nowadays to issue a document in normal sized writing and then seperately print in an unattached small leaflet in the smallest possible writing, an exclusion ? Seems like an unfair con to me. I thought nowadays all legal type documents had to be crystal clear.

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Yes Insurance documents cannot be printed in such small print that they cannot be read. So if you have a problems with documents or any information provided, then make a complaint using the Insurers complaints process. The Insurers have to make clear any important terms which apply to the features and benefits of the policy.

 

Now to face the facts.

 

Whether you like it or not, this will be a fault accident and if you have comprehensive cover, you will have to pay the £300 excess to the garage when getting the car repaired. If you only have third party cover, you will have to pay for the repairs yourself. When Insurers use the word fault, this is not literal. It just means that they would not be able to recover any claims payments from a third party. They can't in this situation as you don't know who they are and even if you found them, it is one persons word against the others.

 

Do check the highway code and laws relating to frightening horses on a public road, as you may find that the law is against you. I only say this, as if you did ever find out who the third party was, you might find yourself being in the wrong.

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