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Title: Diesel Spill - Who to Sue?

Date: 03 August 2011

Hi, on the 19th July I hit a massive diesel spill which took me off my bike. I've heard the MIB deal with personal injuries but I’ve only taken a little knock. But my bike now looks terrible. So I was wondering if the council could give compensation for that? Or I believe the lorry that spilt the diesel was parked down the road, now I know a fire engine was sent to clean it up so assuming that they would have took the details of the lorry driver, so is there any chance of claiming off their insurance?
Suzuki Dude – MCN Legal Forum
Answer
If the spill had been reported to the council but they did not clean it up within a reasonable period of time then they could well be liable. Their records will disclose if and when it was reported to them so that is the first port of call.
The MIB will compensate for injuries and financial losses but until April 2011 they did not compensate for property or property damage related losses. Now they do compensate for property damage but only when a "significant" injury has been sustained. They define this by requiring 4 days continuous inpatient care in hospital so it really will relate to the more serious injury cases.
I suggest you seek disclosure of the council's records because if they are liable they will pay all of your losses. If you can prove that a particular vehicle caused the spill then yes you can go after their insurer. If going down the MIB route remember to report the accident to the police within 14 days of the accident and obtain an incident number as otherwise the MIB can reject the claim.

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