Is an apology an admission?
Two weeks ago I was riding home from work and filtering through heavy traffic when a car came out of a side road and I collided with the front of it.
I was a bit shocked and luckily only had minor injuries. I apologised to the car driver straight away as I thought it was my fault for filtering there. I have since been told me that in fact I can make a claim against the driver. But if I admitted it was my fault at the scene does this mean I can’t now bring a claim against him for my injuries and bike damage?
Caroline Keeling, by email
Answer
Admissions made in the immediate aftermath of an accident are not binding. When someone is involved in an accident they are often not in a clear state of mind to assess the accident circumstances and to form a considered view as to where blame lies. Many people will make off the cuff statements that may be misconstrued as being an admission such as saying that they are sorry. Such statements do not bind the person to an admission and any apology will be subject to the context in which it is made. For example it may be that you were sorry for him having been in an accident, but this does not mean that you are sorry for having caused the accident.
The law on liability for accidents can be complex and in short, yes you can bring a claim.
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