Cyclist has to fight to recover £13,000 compensation after a car pulls out into his path

Mr M was out for a ride on his bike on a Sunday afternoon, when a car pulled out from a parked position at the side of the road, came across from the opposite carriageway, into his lane and then turned right and sought to blame him for the accident.

Mr M’s Injuries

In February 2021, Mr M was out for a ride on his bicycle. He was travelling downhill, on a relatively quiet high street positioned towards the middle of the road, to avoid any vehicles on his side, opening their car doors onto him.  Suddenly and without warning, the Defendant, who was parked on the opposite side of the road, but also facing downhill, in the same direction as he was riding, pulled out, crossing the oncoming carriageway, into his lane.  Mr M swerved to his right, into the oncoming carriageway to avoid the Defendant when again, without warning, she suddenly turned right into a side road, leaving him nowhere to go, but over the bonnet of her car.

Had the Defendant continued downhill and not turned right into the side road, the accident would not have happened.

The Settlement

The Defendant sought to blame Mr M for travelling too fast, for trying to overtake when she was turning right and for riding on the wrong side of the carriageway!  She sought to argue that when she pulled out from the parked position, Mr M was nowhere to be seen.  The Defendant even went to so far as to submit a witness statement from someone working in a café who purported to have seen the entire accident unfold and held Mr M to blame.

A site visit was arranged with legal investigators who took a number of photographs and who prepared plans of the accident location with detailed measurements.  The road upon which Mr M had been travelling was very long and straight and it could clearly be seen that had the Defendant looked before pulling out, she would have seen Mr M approaching.  It could also be seen that the witness could not have seen what she stated to have seen from her position behind the counter in the café as there were too many obstructions, mainly a building, obscuring her view.  Liability was denied by the Defendant’s insurers.

Mr M was attended at the scene by paramedics and he was later seen at hospital.  He suffered cuts and grazes to his face and legs and was diagnosed with a fractured wrist.

Long arguments ensued with the Defendant’s insurers in relation to liability, but it was eventually shown that the Defendant clearly did not look for cyclists before pulling out onto the carriageway or before turning right and that the witness could not possibly have seen what she purported to have seen.  It was also discovered that the Defendant was a regular attender at the café and very good friends with the owner.  Whilst liability was never formally admitted, the insurers eventually conceded and agreed to deal with the Claimant’s claim.

Following medical evidence being obtained and details of financial losses being collated, negotiations for settlement ensued.  An offer of settlement was put forward by the Defendant’s insurers which Mr M was minded to accept. However, Marie Oxland, who represented Mr M, convinced him that the claim was worth more and, after further negotiation, a higher settlement was achieved.

Marie commented that Mr M was delighted with the outcome of his claim.  It was a long hard fought battle with the Defendant’s insurers but it was clear from the evidence that the Defendant was at fault.  Mr M was also delighted that we obtained more in compensation than he was expecting which was the cherry on the cake in this case!