On the 13th August at approximately 10pm, Brian was riding his bicycle in a south easterly direction on Fulton Street, Glasgow and was planning to turn right into Succoth Street. As he approached the junction, Brian was aware of a car waiting to exit Succoth Street with the intention of turning right onto Fulton Street. Brian had right of way. Despite this, the driver failed to give way and pulled out of the junction colliding directly with Brian's right leg.
As a result of the collision, Brian sustained two fractures to his right leg as well as a dislocation of his right ankle. He required surgery to his leg and has been left with a definite risk of developing osteoarthritis in the ankle in the future. As a very active 23 year old, this was of massive concern to Brian.
Within days of his accident, he contacted Cycle Law Scotland. A claim was intimated against the third party insurers and liability was admitted within two months. At the time of the collision, Brian did not have any lights displayed on his bicycle. He did not normally ride his bike at night and was late in finishing his training. The insurers were looking to deduct a percentage from his damages, however, the evidence was that as Brian approached the junction, the driver was looking in the opposite direction. There was no evidence from the police or other witnesses that Brian was not visible on the road.
The third party insurers initially valued Brian's claim at £7,500. Jodi Gordon, who has extensive experience in dealing with insurer negotiations, was able to get this initial figure increased to £28,250 on Brian's behalf. Despite the fact that Brian did not have any lights fitted to his bike on the night of the accident did not preclude him for pursuing a claim for his injury and damage to his bicycle against the insurer of the driver who hit him. Brian was delighted with the settlement and said “thanks very much for your help over the last year.”