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Title: £56,000 for diesel spill accident - 5 February 2014

Amount: £56,000.00

Mr H contacted Bikelawyer after he hit a patch of diesel which caused the front wheel of his motorcycle to lock.

Bikelawyer advised Mr H that he was able to claim compensation for his injuries, on a no win no fee basis, from the Motor Insurers’ Bureau (MIB). The MIB is a body set up to compensate victims of road traffic accidents where the driver of the vehicle that caused the accident is uninsured or untraced.

Bikelawyer successfully argued that the diesel on the carriageway that caused Mr H’s accident was on the road due to the actions of an untraced and unidentifiable driver who had negligently overfilled their vehicle with diesel or who had negligently failed to safely secure their fuel cap, thereby causing a spillage of diesel on to the road surface.

Mr H sustained a severe injury to his right elbow and forearm in the form of a monteggia-type dislocation of the elbow and a comminuted fracture of the ulna and a fracture of the radial neck which required surgical intervention which required inpatient hospitalisation.

A course of physiotherapy was arranged and whilst a good recovery from the injury was made, Mr H was left with permanent limitation of movement and was at increased risk of early onset arthritis with the possibility of full elbow replacement surgery being required at some point in the future.

The MIB made offers to settle Mr H’s claim which were rejected as the MIB did not accept that Mr H should be entitled to recover property damage which is ordinarily excluded from claims advanced against the MIB.

Bikelawyer successfully challenged the MIB’s position on the ground that Mr H had sustained a significant injury and which had required 4 nights hospitalisation during the first 30 days following the accident. The case was then settled in the sum of £56,420.00 which included a claim for pain, suffering and loss of amenity, loss of earnings, the private costs of future surgery and all property related losses caused by the accident.

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