Simon swapped numbers expecting to sort out the money amicably
When Simon asked us to represent him in relation to a cycling incident in Aberdeen in May, it sounded like a straightforward case.
He was riding his bike within a cycle lane on Westburn Road, Aberdeen when a Range Rover pulled out from a junction to his left and drove straight into him causing him to fall off his bike and onto the road.
Once Simon was able to pick himself up, he and the driver managed to have a congenial discussion whereby the driver apologised to him and offered to pay for the damage to his bike.
Simon was happy with this and they swapped numbers with Simon expecting to sort out the money amicably, once he had been able to get his bike repaired. He had suffered injuries to his elbows and ankles, but was able to care for his own injuries and didn’t need to attend at hospital.
Simon contacted Cycle Law Scotland for advice
However, when he got home, the driver text messaged to say that he had contacted his insurance company who had told him that Simon had caused the accident as he should have stopped!
The driver said that his car had been scratched in the collision but that he would be willing to deal with his own cost for repair so long as Simon covered his own too.
Unsure what to do, and starting to second guess himself, Simon contacted us at Cycle law Scotland.
We were able to reassure Simon that he had done absolutely nothing wrong. He had been cycling in a cycle lane on the main road and had absolute right of way over vehicles entering from side junctions. The Range Rover driver should have given way and waited until it was clear before pulling out. Simon instructed us to pursue a claim against the driver for his injuries and his expenses on bicycle repairs.
Within days, liability was admitted in full by the insurers
From the registration number of the vehicle, we were able to identify the insurers and intimate the claim to them. The insurers returned to us stating that their driver had confirmed that there had been no collision and that Simon had simply fallen off his bike because he had been going too fast!
We were able to return to the Insurers with screenshots of the text message exchange whereby the driver alleged Simon had caused a scratch to their car. Within days, liability was admitted in full by the insurers and we were able to get a full settlement for Simon for his injuries and losses.
It just goes to show that no matter how nice a third party might seem at the scene of the accident, do make sure you note all the details of the driver and vehicle involved and photographs at the scene, just in case. Whilst our clients are often surprised that seemingly nice people can turn nasty once they realise they will need to get their cheque book out – unfortunately, it has stopped surprising us a long time ago!
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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