Presumed Liability Case Study: Alexander Gibson

The Highway Code states that you should “give motorcyclists, cyclists and horse riders at least as much room as you would when overtaking a car”. The damage to Mr Gibson’s bike and the fact that he was found on his own side of the carriageway, suggests that the driver in this case did not give Mr Gibson enough room when attempting to overtake.

Mr Gibson asked for help from Cycle Law Scotland in April 2013.  The insurance company didn’t even respond to letters from CLS and therefore the action was prepared and raised in Court in December 2013.

 

Throughout the Court proceedings, liability was denied.  The case was set down for a full court hearing on 27^thOctober 2014.  Two medical experts were involved in the case as originally the fracture to the pelvis was undiagnosed.

CLS had to instruct an individual to visit the accident scene because the police co-ordinates given in the police report were such that the accident had to have occurred in the middle of the Little Minch.  

 

It took until August 2014, a period of nearly 18 months, for the defenders to admit liability. Under Presumed Liability, this 18 month long process would have been avoided. The stress and worry suffered by Mr Gibson was entirely unnecessary, as was the cost incurred by the refusal to admit liability by the insurers. Presumed Liability would have been beneficial for all parties concerned.