I lost control on diesel

Last week I had an accident caused by diesel on the road.  The front wheel of my bike lost traction as I was exiting a roundabout and I came off and had various injuries.  An off-duty paramedic helped me until the ambulance arrived and he took photos of what looked and smelled like diesel on the road surface.  I am self-employed as a carpenter and will be off work while I recover.  My insurance won’t help me because no other vehicle was involved. Is there a way I can claim compensation?
Rob, Glasgow, by email

Answer

Unfortunately, motorcyclists are often victims of diesel spills. You should be able to claim from the Motor Insurers’ Bureau (“MIB”), which compensates victims of untraced and uninsured drivers. A small amount of drivers’ insurance premium goes to fund the MIB each year.

To succeed in your claim, you will need to show on the balance of probabilities that the spillage was caused by the negligence of another road user.  Most spillages occur on roundabouts or bends because someone has overfilled their fuel tank right up to the cap (i.e., ‘necking’ it), failed to fit the fuel cap securely, or not maintained their vehicle properly.

The photographs will help your case. If you haven’t already done so, I suggest that you report the accident to the police. You may also want to speak to a specialist solicitor who will be able to help you with your claim.