Diesel Spill Cases
This is an issue of concern to motorcyclists generally and is a campaign issue for both national and local action groups.  Digby Brown is aware of and supports the aims of the “ Spills Kill” campaign.  Department of Transport figures show motorcyclists are twice as likely to be involved in a serious or fatal accident due to diesel spillages in comparison to ice; and three times more likely to have similar accidents through diesel spillages in comparison to mud on the road.

Spillage of diesel arises from a negligent act but often the offending party is untraced. In those circumstances, a claim can be made to the Motor Insurers Bureau under their Untraced Driver’ Agreement.
If you have and accident as a result of diesel spillage, you should;

1. Inform the police as soon as possible, and no later than 14 days (5 days for property only claims).  If you can, insist they attend the scene in order that they can record details of the spillage and note the extent of the spread, measurements, road conditions etc.
2. Inform the local Council as soon as possible about the spillage on the road and retain a record of who you have spoken to.
3. Ask any witnesses to also examine the road and see if they agree with the presence of diesel and the size of the spillage. Make sure to note their personal details.
4. Get photographs of the spillage, preferably at the time and, if not, when you can safely do so.
5. Write down the circumstances, a description of the area where the accident happened, the weather, the direction of travel and speed as soon as possible to preserve a good record of events.
6. Keep a note of any equipment which has been damaged, taking photographs of the damage to your clothing and machine.

To succeed:-

• The accident must be reported to the police as soon as possible and within 14 days.
• The MIB agreement requires that the spillage should be “large” (i.e. of such a size that the Council would require to cleanse it).
• The MIB are the insurer of last resort and will require to exclude other possible avenues of claim i.e. that the spillage might have occurred from something other than a vehicle.
• There is a £300 excess to non PI claims under the Untraced Drivers’ Agreement. Since 11th June 2007, it is possible to claim for property damages in cases where there are significant injuries.  

If you wish to make a motorcycle accident claim in Scotland, call the Digby Brown Motorcycle Law Department on 0845 273 2323 or complete an Enquiry Form .