Nick Brown was cycling home from work on 14th March 2014. He had just turned onto London Road in Glasgow when he was involved in an altercation with a taxi driver. The driver appeared to take offence at the presence of Mr Brown. As Mr Brown and the taxi driver proceeded along London Road, the taxi driver wound down his window and began shouting at him. Mr Brown continued cycling but the taxi pulled alongside and then suddenly swerved left across his path. This appeared to have been a deliberate act.
Nick collided with the taxi and then fell from his bike. The driver then drove off. Luckily there were two independent witnesses. One witness followed the taxi driver and spoke to him while he was stationary at traffic lights. The taxi driver admitted to having knocked Mr Brown from his bike.
As a result of the collision, Nick sustained soft tissue injuries which resolved within 6 months. His bicycle and kit were also badly damaged.
Nick contacted Cycle Law Scotland four days after the accident. A claim was intimated on his behalf to the insurers of the taxi.
The insurers denied liability for the accident stating “our insured’s report states that there was no collision but that your client kicked his taxi and it was a heated exchange between them.” However, we had carried out our own investigations into the accident circumstances and were able to obtain witness statements from the two independent witnesses. We also spoke with the two Police officers involved in the investigation of this incident.
It was brought to our attention that the taxi driver had been charged with dangerous driving as well as failing to report the incident. We therefore proceeded to raise a civil claim in the Sheriff Court against the insurance company.
The solicitors representing the insurance company denied liability from the outset of the Court action. The insurers finally entered into settlement negotiations one month before the Proof date and a great settlement was reached for our client.
The taxi driver admitted to the charge of Dangerous Driving at Glasgow Sheriff Court in March 2015 and in April he was sentenced to 150 hours Community Payback Order which has to be completed in 6 months. He also received a two year ban from driving.