Mr L, a heating engineer, was injured when he lost control of his motorcycle as a result of a diesel spill on the road. He suffered from a fractured pelvis and was unable to work for a prolonged period. He was subsequently made redundant and was unable to seek alternative employment.
The claim was submitted to the Motor Insurers’ Bureau (MIB) under the ‘untraced drivers’ scheme,’ which is intended to compensate victims of untraced drivers for their injuries and financial losses. This was on the basis that the diesel spill was most likely caused by a lorry overfilling (i.e. ‘necking’) its fuel tank, or by failing to properly secure it to avoid spillages.
The MIB carried out their own investigations and decided to reject the claim because there was, in their view, no evidence of a diesel spill. This was on the basis that, notwithstanding that Mr L had set out his case with a signed statement of truth, the local authority were not aware of any spill and Mr L’s hospital records did not reference it. The MIB also said that Mr L failed to report the accident to the police, which is a requirement of the agreement.
The MIB consequently formally rejected Mr L’s claim and invited him to go through the appeal process if he disagreed with their decision.
Bikelawyer wrote a letter of complaint to the MIB’s CEO on the basis that the MIB’s investigations were clearly inadequate. The MIB had elected to disbelieve Mr L for no good reason and had failed to even attempt to contact a witness to the accident. Bikelawyer subsequently contacted the witness, who confirmed the presence of diesel, and were able to prove that Mr L did contact the police by obtaining his phone records.
The MIB agreed that their investigations were inadequate and withdrew the rejection without a formal appeal. Shortly thereafter the MIB accepted the claim and Bikelawyer negotiated settlement of the claim for over £29,000.00.