I got loads of photos and a video showing it and when I spoke to my mate he told me they have a mobile fish and chip van that comes around to the village once a week that had been there the night before. Can I claim against the fish and chip van, or am I stumped?
Answer
You need to be able to prove on the balance of probabilities that the fish and chip van left the cooking oil on the road. The fact you have photos and video will help and I would find out their details and direct the claim to them.
From what you have said it seems likely the cooking oil came from their van so you should be successful.
However, if you cannot prove it on the balance of probabilities, then you should consider making a claim against the Motor Insurers’ Bureau under the untraced driver’s scheme.
Every time we all pay motor insurance, some of the money goes in a big pot used to compensate people. In short, if you can prove the oil came from an untraced vehicle that should be insured, you can claim against the MIB.
Andrew Prendergast
Motorcycle Monthly June 2014
