Changing story after an accident
I was riding my Suzuki GSX-R125 in town when a guy in a Jag pulled out of a side road into my path. I took evasive action but ending up coming off and hitting a parked car breaking my collar bone and damaging my bike and kit. The other driver gave the police his insurance details and admitted at the scene that it was his fault. However now that his insurer is involved they are saying that he should not have admitted blame at the scene and they are denying responsibility saying my speed was to blame. Surely they cannot go back on his admission that he was at fault?
Ian Brooks, Leicester
Answer
Insurance documentation always tells drivers not to admit liability at the scene of accidents and such admissions are not binding. However, what is said to the police at the scene and recorded in a police report will of course carry a significant amount of weight when considering liability. If it was the case that your speed contributed to the accident then it is likely to end up a case of split liability (the blame apportioned between you) although as he pulled out from a minor road into your path and you had right of way he is likely to receive the lion’s share of the blame, assuming you were there to be seen when he did or should have done his observations. I suggest you get hold of the police report and see what it says.
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