Claim after being blinded by headlights
I have a problem with my claim which I am pursuing following a bike accident at night in February. I was returning from my night shift at the restaurant I work at on a rural road when around the bend coming towards me was a 4×4 which I think had its main beams on and blinded me causing me to come off and hurt myself quite badly. The driver realised what happened as he saw me swerve off the road and he stopped and called the police. His insurers say he did nothing wrong and did not have his main beams on but I think he did. Is there anything I can do?
Ross Barratt, by e-mail
Answer
A lot will depend on the evidence that you can gather to show he drove negligently, that is with full beams on towards you, it being reasonably foreseeable that this would dazzle you.
Years ago, before the xenon type headlights it was pretty obvious when someone failed to turn off the main beam but these days it is much harder to tell. There used to be many untraced driver claims made to the Motor Insurers’ Bureau for negligently dazzling someone (and driving off) although they are so much harder to prove now due to technological advances in the brightness of lamps. If the other driver does not admit to having his main beams on and the vehicle has these powerful modern lights you are going to struggle to prove your case.
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