Industrial spillage

Industrial spillage

I was riding through an industrial estate around a gentle left-hander and I slid across the road, hitting the kerb and breaking my pelvis.

As I lay there the smell of diesel was uber-strong. A Czech trucker who’d parked up saw me, called an ambulance and the Police, and gave a fantastic witness statement backing me up.

My solicitor banged in a claim to the MIB, but they’ve rejected it on the basis that the accident happened due to a build up of diesel over time, as opposed to a single spillage.

My solicitor told me to appeal, but I’m worried they may have got it wrong.

Answer

The Motor Insurers’ Bureau (MIB) deals with claims involving ‘untraced’ drivers who cause accidents. Basically, every time we pay insurance, some of the money ends up in a pot used to pay out for eligible claims.

The MIB are wrong in my view; their own agreement actually states, “…The provisions of this Agreement apply where…the person who is alleged to be liable …is an unidentified person (and where more than one person is alleged to be so liable, all such persons are unidentified persons)”.

In English that means if you can prove on the balance of probabilities that you fell off on diesel from a vehicle or vehicles, the MIB should pay out.

Your solicitor is spot on and you should appeal; you only have six weeks from the MIB rejecting the claim, so don’t hang about.

Andrew ‘Chef’ Prendergast

On2Wheels December 2019

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Posted by Andrew Prendergast. Last modified: April 12, 2021 at 1:38 pm

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.
Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.
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About On 2 Wheels

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The O2W legal column is compiled by managing partner Andrew ‘Chef’ Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.

The firm deals with personal injury claims and its sister company, Motor Defence Solicitors, deals with motoring offences.

White Dalton lawyers have a vast knowledge of bike law - and they have full bike licences, too. They don’t act for insurance companies or the prosecution.

White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insurance-appointed solicitor – get proper independent advice.

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