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Title: Can I sue other driver despite no collision?

Date: 20 July 2012

Question

Can I sue other driver despite no collision?

A couple of weeks ago I was filtering between two lanes of slow moving traffic both in my direction. I was probably going about 10mph to 15mph and the traffic was varying from stop start to 10 mph so I was being careful. A guy in a large euro-cruiser pulled out of the left hand lane to go into the right hand lane without indication and I think without looking. I managed to avoid hitting him but in trying to avoid him drove into someone else. I have whiplash symptoms and my bike has a fair amount of cosmetic damage. Can I still sue him despite not hitting him?

Gixerlad, by e-mail

Answer

Yes you can. It does not matter if there is no collision. If another road user’s negligence causes you to sustain injuries and financial loss then you can pursue a claim for compensation irrespective of whether or not you actually collided with him. You were lawfully filtering and at a sensible speed. He clearly did not indicate or look in his mirrors or over his shoulder before carrying out his manoeuvre – that is negligence. You are likely to succeed in full in these circumstances. I imagine the other person you did hit will be contacting you shortly and you should pass their correspondence to your insurers as their claim should ultimately also be met by the negligent driver.

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