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Flanker37

Joined:

Oct 10

Posts: 20

Flanker37 says:

My Crash 17/09/12

Hi folks.  Me and my cousin both come off our bikes on the same diesel spill.  She lost her back end under engine breaking slowing down from about 30mph for a roundabout.  Once she went down, i turned my handlebars sharply to the left to avoid running her over.  And of course my front end went from under me.  As i rolled & tumbled with the bike going over the top of my left foot and fracturing it (didnt know until day after) i saw the bike continue towards her and hit her in the back.


I jumped up and limped towards her to see if she was ok, so did a passing HGV. 2 other vehicles also came to our assistance.  We got help to move the bikes off the road.  The HGV driver was the one who said he could smell the diesel on the road.  everyone left, and as i rang carole nash, my cousin rang the police about the diesel.

So all this is now past, lots of emails, sending off photos, reciepts etc.  Carole Nash solicitors NewLaw have dropped the case.  They went after the council in this matter.

The road in question is the A168 just off the A1 @ J49.  A series of 3 small roundabouts near RAF Dishforth Airfield.

Now i know this is the link up road between the A1 & the A19.  I also know its a heavily travelled HGV route to Thirsk.  A lot of coaches use it too.  As do the Military, because there is another RAF base 5 more miles up the road.

If there were a lot of diesel spills on this road, would there not be some statistics for it, and who is responsible for keeping on top of it, council or highways agency?

Because they got there quick after the police officer turned up.

Is there anything me & my cousin can do legally, or don't we stand a chance anymore?

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  • Posted 2 years ago (02 October 2012 19:07)

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philehidiot

Joined:

Feb 09

Posts: 4658

philehidiot says:

Fault

the council are at fault if it's reported to them and no action is taken.


The next port of call is trying to trace the driver who dropped the diesel. This is impossible and so your insurance company should be looking to claim off the motor insurance bureau as it is an untraced driver. They're slow but they usually offer a fair payout.

Feel free to correct me if I'm wrong but I think this is the right process.

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ACIC

Joined:

Apr 06

Posts: 366

ACIC says:

Diesel Spill Accident

Dear Flanker 37

This case should not have been dropped. It sounds like you have a valid claim against the MIB.

Feel free to call us to discuss.

Regards, Andrew Campbell, Bikelawyer Motorcycle Accident Solicitors.
MCN Legal Expert & MCN Law columnist.

Tel 01446 794169. www.bikelawyer.co.uk

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ACIC

Joined:

Apr 06

Posts: 366

ACIC says:

Diesel Spill Accident

Dear Flanker 37

This case should not have been dropped. It sounds like you have a valid claim against the MIB.

Feel free to call us to discuss.

Regards, Andrew Campbell, Bikelawyer Motorcycle Accident Solicitors.
MCN Legal Expert & MCN Law columnist.

Tel 01446 794169. www.bikelawyer.co.uk

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arryace

Joined:

Apr 10

Posts: 198

arryace says:

DIY

Have a look at the MIB website and submit a claim MIB

 

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