MCN

Can a driver change their story?

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‘I suggest you should get hold of the police report’

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 ended up coming off and hit a parked, car, breaking my collarbone 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. Instead they are claiming that my speed was to blame. Surely they cannot go back on his admission that he was at fault?

Ian Brooks, Leicester

AInsurance documentat­ion always tells drivers not to admit liability at the scene of accidents but 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 matter of split liability (the blame apportione­d between the two of 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 made his observatio­ns. I suggest you get hold of the police report and see what it says about the accident.

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