Me and my mate Ravi were making the annual trip to see the local Christmas lights. We do it every year, grab a cuppa and a sausage roll and have a chinwag.
We were about halfway there when I spotted the dreaded diesel rainbow on the road as I was slowing for a roundabout. My Versys slid off into the roundabout, hit the curb and flipped over, trashing both sides. Thankfully, I didn’t follow suit and stopped a bit before. However, I have managed to break my knee cap. Ravi was behind so managed to avoid the same fate.
After I was trundled off in the ambulance, Ravi decided to follow the rainbow path (with his helmet camera running). Unbelievably, he manged to follow it all the way to a local skip company and found the lorry parked up still leaking. The driver was initially nice and then things turned sour once he clocked the helmet cam was on.
Instead of getting involved in a ding dong, Ravi and his camera (still rolling) left and then reported them to the Old Bill. I’ve tried to get the Police to do something about it in the week since, but they don’t seem bothered and told me to contact the MIB (I now know this means the Motor Insurers’ Bureau and not ‘Men in Black’! Haha!) Are they fobbing me off?
I don’t know if the Old Bill is deliberately trying to fob you off. However, the steer to the MIB is completely wrong in this case.
The MIB do deal with cases involving diesel spills, but only where there is an ‘untraced driver’. However, in this case, you know who the driver is.
Ravi is going to be essential in getting the ‘pot of gold at the end of the rainbow’. Get a copy of his camera footage as this will be key evidence in case the skip man tries to wriggle.
You can use this to prove the diesel came from his lorry and that caused you to fall off. Thereafter, it should be relatively simple in identifying his insurer and then claiming against the driver for your injuries and losses. If the skip man and/or his insurer tries to defend it, I would happily love to put this before a Judge.
More Bikes February 2021
Posted by . Last modified: January 18, 2021 at 10:48 am
Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.
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The MB legal column is compiled by managing partner Andrew 'Chef' Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.
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