Have I made Q a mis­take by say­ing sorry?

Motorcycle News (UK) - - Garage -

Two weeks ago, I was fil­ter­ing through heavy traf­fic when a car emerged from a side road and I col­lided with the side of it.

Al­though I was bruised and shaken up and my bike had some su­per­fi­cial dam­age, I apol­o­gised straight away as I thought it was my fault. But my friends have told me that in fact I can make a claim against the driver. How­ever, if I have ad­mit­ted li­a­bil­ity, al­beit mis­tak­enly, does this mean I can’t now bring a claim against him for my in­juries and bike dam­age? Ian He­witt, email

Ad­mis­sions made in the A im­me­di­ate af­ter­math of an ac­ci­dent are not bind­ing. When some­one is in­volved in an ac­ci­dent they are, gen­er­ally speak­ing, not in a clear state of mind to form a con­sid­ered view as to where blame lies. Many peo­ple will make offthe-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 caus­ing the ac­ci­dent.

While a lay-per­son may con­sider that they were re­spon­si­ble for an ac­ci­dent, as the law on li­a­bil­ity is com­plex, the court may find oth­er­wise. Your ac­ci­dent cir­cum­stances are a clas­sic ex­am­ple, as ac­ci­dent cir­cum­stances such as yours have been the sub­ject of sev­eral Court of Ap­peal de­ci­sions.

‘Ad­mis­sions made in the af­ter­math of an ac­ci­dent are not bind­ing’

Newspapers in English

Newspapers from UK

© PressReader. All rights reserved.