Fuel spill accident claims are commonplace. Yet it is often believed that if you come off your bike as the result of a fuel spill that you cannot make a bike accident claim. This is an incorrect assumption that could be losing thousands of biker victims the compensation they deserve.
Bike riders are entitled to compensation if it can be proven that the diesel spill was a result of the negligence of a road user.
Petrol and diesel spills can be one of the greatest dangers facing a rider on the road. Often, like black ice and mud it is hard to see diesel slicks and even harder to spot them at high speeds. Diesel spills are caused by negligent drivers (overfilling (necking) their tank, or not securing their fuel cap properly.
Unfortunately, diesel spills are becoming more common in rural areas as an increasing number of vehicles use country lanes in order to avoid congestion on main roads and motorways.
Rainfall can make diesel spills worse because it causes oil or diesel on the road to float to the surface, making it slippery. This means the slick could have been on the road for days before it becomes a real hazard.
You should contact the Police immediately and certainly within 14 days. Ask the Police to attend the scene and record the extent of the diesel spill.
Who am I claiming against for a diesel spill?
As its unlikely we will be able to find the culprit, unless some CCTV evidence comes to light, it is likely that we will be claiming from The Motor Insurers Bureau (or MIB).
They cover claims where the guilty cannot be traced.
To increase your chances of being successful in your claim you could also try and do the following:
- Take photographs at the scene of the accident. Take photos of the spill.
- Seek medical help immediately. The MIB will ask for copies of your medical report following your accident so this is a vital part of how the diesel spill affected you. It will also ensure that you are properly treated for your injuries.
- Continue to take photographs as your injuries develop, for example bruising coming out, and keep a record of how you feel each day.
- If there are witnesses to your accident get their details. Witness statements help us to gain independent corroboration of your accident and help us prove causation and liability.
- If you have damaged your kit and need to replace it, keep receipts for all your expenditure. Our SMIDSY card gives our clients discount on new kit, so apply for one and make use of it. Apply HERE
- If you have to travel by public transport due to your bike being off the road, again keep the receipts.
Don’t move until you’ve checked yourself for injuries. Back and neck injuries can be made worse by moving after the accident before medical help arrives.
Don’t remove your helmet unless you are having difficulty breathing. This would take over any concern about head or spinal injuries
Get someone at the scene to call 999 immediately.
Don’t try to move your bike and stay where you are as long as you are not in any further danger from moving traffic.
Check yourself for injuries, and remove any new or additional dangers.
All of our team are legally qualified ranging from Solicitors to Legal Executives, and all are also bikers. Some of our team are also APIL members which helps to ensure that we are all up to date with leading case law on personal injury and compensation awards.
If you’ve been involved in an accident due to a diesel spill get in touch with us today and let us help.
