Answer
I am sorry to mention Brexit again, but Brexit. If your mate’s accident had happened before we left the EU, he could have brought a claim back in the UK against the MIB. The Motor Insurers Bureau had an obligation to deal with such cases, even when outside of the UK, as we were deemed to operate as one Union (a European one) and enjoy things like free movement without a reduction of legal remedies.
Your friend would have surely won his claim as the diesel didn’t fall out of the sky, it must have been deposited there by a motor vehicle, which would ordinarily have been insured and therefore fall under the remit of their Untraced Drivers Agreement.
A point to note, had you been following said vehicle and seen it lose diesel on the road, you could have stopped it and/or obtained details so it could later be traced – in this case you would sue the negligent driver, not the MIB.
However, in your example, the driver has long since left the scene, therefore you are only left with the MIB to claim against.
Except for now you cannot. As we have left the EU, the UK arm of the MIB doesn’t need to deal with claims outside of its jurisdiction and you are simply left with trying to bring a claim in Spain. This means finding a Spanish lawyer to give your friend advice, asking if he/she will do it on a no win, no fee type agreement and then complying with the legal process in a foreign language. A complete faff, I agree, but this is the reality of the situation. Brexit hasn’t strengthened a biker’s position abroad, it has weakened it.
Gavin Grewal
Fast Bikes – July 2026
