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Title: Diesel Spill Accident - Double Success against MIB

Amount: Bikelawyer successfully overturns Arbitrator QC’s Decision

 

On 2 August 2008 Mr S and Ms W were riding their Suzuki GSX 1400 in Rothbury, Northumberland. Mr S was driving with Ms W riding pillion.
 
Suddenly the motorcycle lost control on a bend in the road and both rider and pillion were seriously injured. The police attended the scene as did the council. There were others out riding with the Claimants on the day of the accident. There was contradictory evidence as to the presence of diesel or oil on the road. There were photographs taken at the scene.
 
The Claimants instructed Andrew Campbell to apply to the Motor Insurers’ Bureau (MIB) for compensation under the 2003 Untraced Drivers’ Agreement, the argument being that a negligent untraced driver was responsible for the diesel spill.
 
The MIB rejected the claims. Andrew Campbell advised the Claimants to appeal the decision to an Arbitrator, one of 5 Queen’s Counsel (QCs) who hold the position. The Arbitrator rejected the Appeal based on the evidence of the police and the council both of which disputed the presence of diesel or oil on the road.
 
Bikelawyer’s Principal Solicitor, Andrew Campbell, advised the Claimants to Appeal yet again with the benefit of reconstruction evidence from a leading reconstruction expert, Ric Ward, which paid particular attention to the interpretation of the photographs and the errors of the police. This further Appeal succeeded in full meaning the Claimants will receive their deserved compensation when the claims are capable of quantifying. Medical evidence can now be gathered and schedules of financial losses can be prepared.
 
This case illustrates the importance of a thorough knowledge of diesel spill cases and the MIB Appeals procedure. It also highlights how expert evidence, in the format of reconstruction evidence, can be helpful.
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Diesel Spill Accidents
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