I came off on an oil or diesel spill

Yesterday, I was involved in an accident that I believe was caused by a spillage.  Shortly into my journey, I lost traction on a roundabout and ended up with a wrist fracture.  A passerby helped me get up and took photos of what looked and smelled like diesel fuel.  I’m a self-employed electrician and will likely be off work for a few months.  My insurer is not being very helpful as no other vehicle was involved. Is there any way I can recover my losses?

Daniel, Manchester, by email

Answer

Motorcyclists are sadly disproportionately affected by spills. You can potentially claim compensation with the Motor Insurers’ Bureau (“MIB”) which compensates victims of untraced and uninsured drivers (a small amount of your insurance premium goes to fund the MIB each year).

To succeed in your claim, you need to prove on the balance of probabilities that the spillage was caused by the negligence of another single road user.  Most spillages occur on roundabouts or bends because an individual has either overfilled their fuel tank right up to the cap (necking it), failed to fit the fuel cap securely or had problems when transporting fuel.

The photographs will help your case. If you haven’t already done so, I suggest that you notify the police or local authority so they can arrange a clean-up.  You may also want to speak to a specialist solicitor who will be able to help you with your claim.