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Have I missed my chance to claim?

I was injured when I came off on an diesel oil spill on 5 years ago.  The spill was all over the road. The police said there was nothing I could do. My insurance company appointed a lawyer to act for me but they stopped acting for me because they couldn’t identify who caused the spillage.

I have read some articles you have written on compensation for fuel spill accidents and the Motor Insurance Bureau. I phoned the lawyer who was acting for me to ask about this route to compensation but he told me I wouldn’t succeed and I’m out of time to make a claim. Can I pursue this claim or sue the lawyer?

Frederique, by e-mail

Answer

Your accident was one “arising out of the negligent use of a motor vehicle on the road” and you should have been advised to submit a claim to the Motor Insurers’ Bureau (MIB). This is because an untraced road user was likely to blame in not properly securing the fuel cap, by overfilling the tank or by not properly maintaining the vehicle, causing the diesel to spill onto the road. The MIB infers negligence on the part of the unidentified road user in significant fuel spill cases.

You had 3 years to claim from MIB so you have missed that chance. You can therefore sue the solicitor’s firm for compensation for that lost chance and you are likely to succeed based on these facts.

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