A routine cycle turns serious.
George was enjoying a leisurely cycle with a friend in the Newcraighall area of Edinburgh. As he approached Cauldcoats Road, he noticed a refuge lorry exiting a side road and began to slow down to allow it to pass safely.
Once the lorry cleared the junction, George continued downhill only to be struck moments later by a second vehicle emerging suddenly from Cauldcoats Road. The car hit the left side of his bike, throwing him onto the bonnet before he landed heavily on the tarmac.
Shaken and injured, George’s ordeal worsened when the driver sped away without stopping to help. It was a classic hit-and-run.
An unexpected witness and a crucial clue.
Thankfully, another driver travelling behind had seen the entire incident. Acting quickly, they followed the fleeing vehicle long enough to record its registration number, then returned to assist George and pass on the details.
The incident was promptly reported to Police Scotland. Thanks to the independent witness, George was able to provide key information that would later prove crucial to his personal injury claim.
George sustained a rotator cuff tear in his shoulder and an aggravation of a pre-existing hip injury, eventually requiring surgery to repair the damage.
Challenges with the Insurer and a court case.
A personal injury claim was raised against the vehicle’s insurer. However, the insurer failed to respond within the legal timeframe, forcing the case to proceed to court.
The insurer initially argued that the car was on hire at the time and that the driver had separate insurance, implying they were not liable. Given the limited information from the hit-and-run, the legal team needed to conduct a detailed investigation to uncover the truth.
Court orders were obtained to access the police records, revealing that the driver actually held a valid policy with the same insurer. The supposed “separate coverage” was a red herring.
Our Award Winning Team
Brenda Mitchell
Senior Partner
Brenda has been a Personal Injury Lawyer for over 38 years and for the last 20 years has specialised representing injured motorcyclists, cyclists and pedestrians.
Jodi Gordon
Partner
Jodi is a Partner at RTA Law LLP with 14+ years’ experience in catastrophic injury claims for vulnerable road users including cyclists and motorcyclists.
Thomas Mitchell
Partner
Thomas represents clients who have been involved in road traffic incidents and he specialises in representing vulnerable road users such as pedestrians, cyclists and motorcyclists.
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