On 12th December 2018, Brian was cycling on Haugh Road in Glasgow on a clear afternoon. As he approached the junction between Haugh Road and Yorkhill Street, he noticed a black Audi A1 approaching from his right travelling downhill.
Brian correctly proceeded across the junction but the driver of the Audi completely ignored the give way lines and crossed onto Haugh Road. The Audi drove straight into Brian who was then thrown onto the bonnet of the Audi before falling to the ground.
Brian was not too badly injured and there was minimal damage to his bike so he decided not to pursue a claim against the driver. However, six months after the incident, Brian received a letter from a firm of Solicitors claiming that he had been responsible for the incident.
The letter requested him to pay in excess of £1500 for damage to the Audi. The letter also said that if he refused to pay, he would be taken to Court. The letter offered no reason as to why Brian was to blame for the incident.
Brian was only a University student and did not have the funds to pay for the damage to the Audi. Seeking advice, guidance and to better understand his rights, Brian contacted Cycle Law Scotland who investigated matters further.
We contacted the Third Party Solicitors who responded by saying that the Audi driver had already emerged from the junction and had been established on the road when our client had cycled straight into the side of the vehicle.
They also said that Brian had not been wearing any high visibility clothing which was untrue but, more importantly, was totally irrelevant given that the incident had occurred in broad daylight.
Cycle Law Scotland knew that the Third Party Solicitors’ allegations were incorrect and so once we had intimated a claim directly against the driver’s insurance company, liability was immediately admitted.
The case was settled 100% in Brian’s favour.
Always seek Specialist Legal Advice
The important message from this case is to always seek specialist legal advice so that you fully understand your rights and are not pressurised by others with false claims. This is the second case we have dealt with recently where a cyclist has been being blamed simply because there was extensive damage to an expensive car!