Can I claim against courier for boxes in the road?
I was riding into Manchester on my Multistrada and entered a roundabout. I suddenly spotted a couple of boxes in the road ahead of me. I swerved to avoid them but came off and broke my wrist and shoulder. A witness took photos of the boxes and gave them to the police. The name/delivery address of a courier company was on the boxes. The courier company say its not their fault and they weren’t left in the road by them. What can I do to claim?
Jaime, by e-mail
Answer
Your solicitor needs to get disclosure of documents from the courier company confirming what jobs they were working on and where and the delivery times of the boxes. If they had a job shortly before which involved them or an agent using the roundabout you came off on, then a court will likely find that the boxes were left by them or their agent assuming the boxes had not been delivered already.
If they and their agents were nowhere near the scene or the boxes had already been delivered then the court is likely to accept that the recipient deposited the boxes. Ask for proof / signature confirming the delivery time / recipient of the boxes. I would get the disclosure before deciding on next steps. As a backstop you should get a claim submitted to the Motor Insurers’ Bureau in case it turns out the road user responsible remains untraced.
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