Skidded On Oil – Can I Make A Claim?

oil spill on road - Michael Lewin Solicitors

 

We have all seen the tell tale rainbow colours on the road – oil or diesel spillage. In a report commissioned by the Department of Transport (DfT) in 2010, diesel spillages were identified as a significant hazard for road users, particularly motorcyclists. With spillages taking up to 100 days to dissipate, this is a problem of which we all need to be wary.

The report went on to list the ways in which such spillages can happen, indicating that negligence in replacing the tank cap, overfilling the tank (necking), lack of anti-spill devices on lorries are common causes. Unfortunately, local authorities are often not quick to clear such spillages, and they can remain on the road surface for many weeks.

Sometimes the spillage is not so obvious and can cause loss of control of cars or motorcycles. But is there anything that can be done if injury or damage to your vehicle is incurred? Yes there is, and we would be happy to help.

As with all claims following road traffic accidents, it is necessary to establish negligence to succeed. Obviously, if you know who it was that caused the spillage, then you can direct a claim against that person. However, more often than not, the identity of the responsible party is not known. In these circumstances, there is still an option open to you. You can look to make a claim to an organisation called the Motor Insurers’ Bureau (MIB), the body appointed to deal with cases where a negligent driver is untraced. If you can prove on the balance of probabilities (more than 50%) that the spillage was caused by neglect, then you can succeed in a claim for any personal injury sustained. Given the terms of the report prepared for the DfT outlining the causes of diesel spillages, it is definitely arguable that the spillage was caused negligently. The MIB have often been taken to task on this matter, and compensation paid to the injured person.

You can look to make a claim to an organisation called the Motor Insurers’ Bureau (MIB), the body appointed to deal with cases where a negligent driver is untraced. If you can prove on the balance of probabilities (more than 50%) that the spillage was caused by neglect, then you can succeed in a claim for any personal injury sustained. Given the terms of the report prepared for the DfT outlining the causes of diesel spillages, it is definitely arguable that the spillage was caused negligently. The MIB have often been taken to task on this matter, and compensation paid to the injured person.

Michael Lewin Solicitors have considerable experience in handling MIB claims. We can guide you through the claims process, and advise on the appeals process in the event that the MIB decide to reject the initial application.

 

 

ross slater scottish solicitor

Article written by Ross Slater, Departmental Manager -Scottish Road Traffic Accidents at Michael Lewin Solicitors.

 

 

 

 

 

 

 

 

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