The importance of good evidence
This case involved a cyclist being hit by a car at a junction where a photo taken at the scene of the collision helped secure a straightforward settlement with the third-party insurer.
On the 28th of January 2022 David was riding his Cannondale Road bike southerly along Drymen Road in Glasgow. On approach to the junction with Roman Road and Thorn Road, the traffic lights were green and so he proceeded through the junction.
A vehicle travelling in the opposite direction failed to give way and turned right towards Roman Road across the path of the cyclist. Fortunately, he was able to narrowly avoid this vehicle. However, there was a second vehicle travelling directly behind the first vehicle which also took a right turn and drove into his path.
Sadly, David was unable to take evasive action and he collided with the front nearside of the car before hitting the windscreen. The windscreen shattered and lacerated David’s shoulder and thigh. He also sustained a blunt head injury and associated neck sprain.
We had little doubt as to who was responsible for the collision. David had right of way on his bike and the driver of the vehicle had performed a right-hand turn into the oncoming lane of traffic when it wasn’t safe to do so. That said, third-party insurers sometimes dispute liability even in clear cut cases.
Our case was strengthened by a photograph taken by a pedestrian at the scene. She captured the collision immediately after it happened. David can be seen sprawled across the bonnet of the vehicle. We could also rely upon the positioning of the vehicle in the photo to prove that the driver had attempted to make a right-hand turn and collided into David who had been travelling straight on.
After intimating the claim along with the photo to the driver’s insurers, we arranged for David’s bike to be assessed by a local bike shop and collated a list of all his damaged cycle kit. The damaged bike assessment report concluded that his bike had been damaged beyond repair and so we sent a schedule of damages to the insurers advising that David required payment of £3,150 to replace his bike and kit.
The insurers agreed to make an interim payment for the full amount to enable David to get back in the saddle as soon as he was fit and fully recovered.
Meanwhile, we recovered David’s medical records and had him examined by a Consultant in Accident and Emergency medicine for a report on his injuries. David’s most severe injury was a laceration over the outer aspect of his right thigh (from the broken windscreen) leaving an unsightly permanent scar. The overall prognosis from the consultant was relatively positive. He anticipated resolution of David’s symptoms (save for the permanent scar) by around 6 months post-accident.
The medical evidence was intimated to the insurers and settlement proposals were agreed a short while later.
Whilst we can’t be certain that the photo of the collision was the main factor influencing the insurer’s decision to settle this case, it’s evident that by producing photos, video footage and witness statements, we’re able to present a stronger case and increase the pressure on insurance companies to settle claims without delay to the benefit of all.
This case is a good reminder that if you are unfortunate enough to be involved in a collision, the recovery of reliable evidence should be obtained from the scene of the collision as soon as possible to help towards securing a settlement with the insurers.