An important recent case has seen the family of a motorcyclist receive compensation after his death which happened when he lost control of his motorbike after skidding on a diesel spill on the B6403 in Lincolnshire in March 2006. This is believed to be the first time that compensation has been paid by the Motor Insurers' Bureau (MIB) for a death caused by a fuel leak from an unidentified driver. The MIB was set up to compensate victims of untraced and uninsured drivers.
6,484 motorcyclists were killed or seriously injured in 2006 according to Department of Transport figures and motorcyclists are almost twice as likely to be involved in a serious or fatal accident as a result of a diesel spill compared with those on ice. Many motorcyclists may not realise that they can pursue compensation claims after diesel spill accidents, even if the driver cannot be traced. Riders can claim for property damage as well as for other financial losses such as lost earnings. Personal injury claims must be lodged withing three years of the accident, together with an incident number from the police.
Solicitor Penny Knight, head of the cycling and sports injuries team at law firm Leigh Day & Co comments:
Again, this is a common-sense decision as the MIB have been making similar awards to living claimants, and there seems no reason why there should have been any distinction.
For more information please contact
Penny Knight on 020 7650 1200.
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