Motorbike accident claims caused by spillages on the road

First published by Admin on January 17, 2018 in the following categories: Accident Claims and tagged with motorbike claims

A car, driving over spillages on the road may lead to no problems whatsoever. On a motorbike, it can be a different story entirely.

Even a small spillage could skid a wheel and cause a rider to come off their bike. As we always say, a motorbike accident is far more likely to cause serious injuries for the rider when compared to a driver confined within the safety of a car.

As a rider, if you hit a spillage and this causes an accident, what are your rights?

You CAN claim for motorbike accident compensation for spillages on the road

You are eligible to claim for motorbike accident compensation if the accident was caused by something dangerous on the road like a spillage. Your claim should be against whoever is responsible for the spillage on the highway.

An example could be a spillages from a vehicle leaking oil, petrol, or diesel, or perhaps an accident caused by a spillage from a lorry shedding its load. In any of these scenarios, a rider may be eligible to claim compensation from the insurer of the vehicle responsible.

It’s really quite simple: the claim should be against whoever causes the danger on the highway.

What if it wasn’t caused by a vehicle?

If the spillage wasn’t caused by an insured-party, you may have an issue.

An example could be a person carrying a hand-held container of oil which spills on to the road and causes your accident. You have a claim against the individual, but unless that individual has the money to pay for your damages and legal fees, or has some form of insurance, it could be hard to get anything from them.

If they’re an employee of a company and were carrying out work duties at the time they caused the spillage then you may be in luck. An employer can be vicariously liable for the actions of a negligent employee, so you should be fine to claim against the company.

What if I don’t know who caused the spillage?

You may also have a problem, but you may still be able to claim.

If the spillage is from an untraced vehicle, you may be able to claim through the Motor Insurers Bureau (MIB). The MIB investigate and pay damages to victims of untraced vehicle incidents. They can effectively take the place of the untraced vehicle’s insurance. They’re a not-for-profit organisation funded from vehicle insurance premiums.

Generally speaking, you must have reported the incident to the authorities and had medical attention straight away in order to evidence the case. If the MIB are satisfied there is enough evidence to show your spillage accident was caused by an untraced vehicle, they can pay the compensation.

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