What if I said sorry?

A few months ago I was riding home from work, filtering past stop start traffic when a car unexpectedly came out of a side road. There was nothing I could do, and I hit the front corner.

I was in shock, but luckily didn’t break anything. I wasn’t thinking clearly, and I apologized to the other driver because I was thinking perhaps I shouldn’t have been filtering at that point. My dad says I should claim compensation from the driver but I am worried that my apology will count as me admitting the accident was my fault. Can you offer any advice?

Harry, by email

Answer

You don’t need to worry. Admissions of fault made immediately after an accident are not legally binding and you won’t be held to it. When a biker is involved in an accident they are often shocked and not thinking straight and thus unable to assess the accident circumstances and give a view on blameworthiness.

It is very common for statements to be made at an accident scene that may be taken as being an admission of blame, such as you apologising. This will not bind the person to any such admission and an apology will be subject to the context in which it is made, for example, it could have been that you were sorry for him being in an accident, but this does not mean that you are sorry for being to blame for it.

You can pursue a claim for compensation but bear in mind that there may well be some contributory negligence.