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Accidents that are caused by a diesel, oil or other kind of spillage are actually quite frequent. Whether your vehicle skids on a spillage or you happen to slip, if the spillage isn’t your fault then you have every right to make a compensation claim.
How to claim compensation after a road spillage accident
If the person or company responsible for the spill can be identified then a claim can be processed by following the normal procedure. However, the majority of the time, this isn’t the case and it won’t be obvious who is responsible for the spillage. If this is the case, you should contact the Motor Insurers’ Bureau (MIB).
The Motor Insurers’ Bureau is a non-profit organisation that is funded by the government and motor insurers to help compensate road drivers for negligent accidents where those responsible cannot be traced.
In order to put in a claim through the MIB there are strict time scales and conditions that must be adhered to in order for your claim to be successful.
The MIB work under the Untraced Driver’s Agreement (2003) and can therefore deal with claims relating to road spillage accidents that happened on or after 14th February 2003.
In order to be eligible to make a claim you must:
l Report the accident to the police within 14 days of it happening, or as soon as it is reasonably possible for you to contact the authorities. If you’re also claiming for damage to property or a vehicle then they should be notified within five days.
When reporting an accident you should be given a crime reference number. If you’re not, it’s essential to request it so that you can supply it to your insurer and also check up on the progress of your claim.
l As well as informing the police of the accident, you should also notify your local authority as soon as possible.
l Just like with any other compensation claim, you should take photographs of the scene and be sure to include pictures of the spillage.
l Your claim to the Motor Insurers’ Bureau should be made within three years of the date of the accident. However, if you’re also claiming for damage to property or a vehicle, as well as injury then the claim should be made within nine months of the accident occurring.
l Normally a formal medical record will be required to complete the claim. These will have been filled out with details of your injuries when you visited your GP or hospital after the accident.
In order for your claim to be successful the spillage must be of a certain size – big enough for the local authority to be required to take some cleansing action – they will also need to establish that the spillage definitely came from a vehicle. The MIB will not accept a claim made outside of these time scales without a good reason.
What can you claim for?
The MIB will accept claims for personal injury and associated costs such as loss of earnings, cost of treatment and rehab costs. For injury or death of a loved one, there is no maximum amount that can be claimed.
However, if you have received sick pay the MIB will not compensate for loss of earnings. This rule also applies to property (including vehicle) damage. If your property or vehicle are insured for accidental damage elsewhere then they will not consider your claim.