Trailering Accident Liability
By Karen Weslowski, Lawyer, Miller Thomson LLP
Q: If I am trailering and get hit by another vehicle – not my fault – are my horses covered by ICBC for rehab? After all, they are passengers in my vehicle.
A: No, your horses are not covered by ICBC for rehab. A horse is not considered a “passenger” but rather “cargo”. Your horses should be insured appropriately under an All Risk Mortality or Specified or Named Perils policy. Contact a knowledgeable insurance broker for more information on these types of policies.
If your horses are being hauled by a commercial hauler, the hauler may carry a Cargo Policy which may provide insurance coverage when a horse dies as a result of an accident during transit. The amount of this type of insurance is usually quite limited, often to “market value” or “price per pound” (i.e. meat value). The declared value of the horse will be listed on the Bill of Lading issued by the hauler. When using the services of a commercial hauler, you should confirm the type and limits of the hauler’s insurance and think about insuring your horses through a separate policy that can provide a higher value as well as additional coverage for an injury or illness that may result from an accident. Again, a knowledgeable insurance broker should be able to help you with this.
These Questions and Answers are provided as an information service only and are not meant as legal advice. Readers are cautioned not to act on the information provided without seeking specific legal advice with respect to their unique circumstances and the applicable law in their province of residence.