Driver changes story and claims he’s not at fault for accident

Cycling on the road in Autumn

Mr Brooks was cycling on a roundabout in Aberdeen when a driver pulled out without giving way to him, cutting across his path and knocking him off his bike.

The driver admitted fault and apologised at the scene, but later changed his story.

“I could see the driver slowing down at the junction but it became clear he wasn’t going to stop. Afterwards, the driver looked quite shocked and was very apologetic. My bike was damaged but I remember feeling lucky that I wasn’t more seriously injured.

“The driver said he was a cyclist himself and couldn’t believe he had just done that – he even drove me to work. I was lucky an independent witness came forward straight away and said they had seen everything and gave me their contact details.”

“I didn’t know where to turn”

Many people involved in road traffic accidents assume wrongly that injury claims are always dealt with by their car insurers. When you are injured in an accident on your bike, it is even more confusing to know where to turn to for the right legal help. It is always best to contact an independent, specialist personal injury firm for that help.

“I didn’t know what to do after it happened, whether to get in touch with my car insurance company but then I wasn’t driving. I didn’t know there was another way to pursue compensation or that you could go straight to an injury firm.

“I was only put in contact with Digby Brown’s Aberdeen office after a colleague advised me to call British Cycling, who then put me in touch with Digby Brown.”

Driver changes his story and denies fault

It is not uncommon for drivers to admit fault at the scene of the accident and then later change their story and deny any responsibility.

It is therefore vitally important that anyone involved in a road traffic accident – whether the other driver admits fault or not - reports the accident to the police within 24 hours, takes a note of any witnesses contact details and takes pictures of the damage if possible.

Driver at fault taken to court

Personal injury solicitors in our Aberdeen office, raised Mr Brooks’ case in court after the driver’s insurer denied fault for the cycling accident.

Even after the court action was raised, the driver’s solicitors continued to deny fault. Our team fully investigated the case by obtaining witness precognitions, police evidence and medical evidence to build a robust case against the driver.

“I met my solicitor at the Digby Brown Aberdeen office and explained what happened. They explained how everything worked and what to expect and they were always keeping me updated. It was great."

In the end, the driver’s side came forward shortly before the court hearing was due to take place and offered to compensate Mr Brooks in full for his losses.

“I have to say the £35 fee to join British Cycling has been well worth it. Digby Brown helped me deal with the injury claim and the biggest benefit was they took the stress away.

“I knew all along that I was in the right but it if was fighting it alone it would have been much more stressful.”

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