I came off on a mud slick…

I was riding last week when I lost control of my motorbike due to mud on the road. I was riding around a sweeping bend on a country road and my bike slipped as soon as I hit the mud.  I would describe it as a mud slick covering a long stretch of the bend. Fortunately, I wasn’t hurt too badly but I have been advised to take 2 weeks off work.

The police have said that the mud is probably from a local farm and there was a field entrance nearby. My insurance company have recorded it as fault accident – but obviously it wasn’t my fault. Can I make a claim?

Sarah, Minehead

Answer

Mud on the road is especially dangerous to motorcyclists. Farmers, their employees, and contractors, are legally responsible for cleaning up any mud they deposit on the road. If they don’t, they could be found guilty of a criminal offence under the Highways Act 1980. You can make a claim for compensation against them if you can prove who was responsible. Alternatively, consider a claim against the Motor Insurers’ Bureau.

Hopefully the police report will assist in proving your case. It would be worth someone going back to the scene and take photos if the problem is still there, ideally leading to the field entrance gate.

These are not the easiest of claims and I suggest you instruct a specialist solicitor to deal with it.