Diesel spills insurance battle

A biker injured as a result of a diesel spill will make legal history this summer.

His case will be the first to receive an oral hearing –effectively going to trial – under the Motor Insurers’ Bureau’s (MIB) Untraced Drivers Agreement .
The injured rider’s solicitor, Andrew Campbell of law firm Withy King, submitted the application on the basis that the spill arose as a result of an untraced driver’s negligence.

The application was rejected by the MIB who felt there was insufficient evidence of a diesel spill having been the cause of the accident. The rider appealed to the MIB Arbitrator, one of five QCs appointed by the Department for Transport. The Arbitrator found in favour of the Applicant with 100 per cent liability on the part of the MIB.
Now the MIB have Appealed the Arbitrator’s decision and instructed solicitors to fight the case. The first ever oral hearing is the result.

Andrew Campbell said: “It is remarkable that this is the first oral hearing since the 1969 Agreement catered for compensation to be payable in Untraced Driver cases. I suspect that this is a reflection of the very limited costs available to Applicants under the Untraced Drivers scheme.
“It may, therefore, be that strong cases are not pursued as a result of the unfortunate costs position. Fortunately for my client, he has the benefit of legal expenses insurance which is paying for the significant costs of taking this matter to its highest level.”