Council claiming for damage to road!

[kev b]

Thanks Creampuff, without the use of a time machine your advice is of no use to my friend but thousands of others might make use of it in future. I hope that people will not choose to ignore debris in the road in case they become liable by default if they report it.

Anyway, I suspect he would rather tell the truth than become a liar just to save his NCB.

[Pip1968]

creampuff said:

kev b said:

A couple of months ago one of my motorcycling mates was returning from one of our ride outs as darkness was falling.

His Suzuki Hayabusa hit A PATCH OF OIL ALREADY ON THE ROAD FROM AN UNKNOWN SOURCE THEN FURTHER HIT either a Badger or Muntjack deer WHICH WAS ALSO ON THE ROAD IN ADDITION TO THE PRE-EXISTING OIL ON THE ROAD, he stayed on but the oil radiator was smashed, BUT FORTUNATELY WAS ABLE TO RETAIN THE OIL INSIDE, RATHER THAN LEAKING ONTO THE ROADWAY. HOWEVER THE 2 or 3 litres of oil FROM AN UNKNOWN SOURCE REMAINED ON THE ROAD.

Concerned about the oil on the road, he called the police who came and put a few cones out before leaving the bike in a driveway and being collected by his wife. BEING QUITE DISTURBED BY THE INCIDENT, HE CANNOT REMEMBER IF HE MENTIONED THE PRE-EXISTING OIL ON THE ROAD AT THE TIME.

This week he was contacted by the council, who requested his insurance details so they could claim for the cost of clearing up the road, when he hesitated the caller warned him he must provide his details or they would take legal action against him personally.

I've edited the events at the time of the incident for you in CAPS.

Edited by creampuff on Friday 17th October 21:14

I do not think that this sort of post portrays you in a particularly good light. Hopefully PH members like you are in a minority. I think what you are forgetting is the trouble that sort of sh#t could get you in to. What happens if the police then decide to investigate? Where is the addendum explaining how you managed to save the oil that is missing from the oil radiator - ? Alright it may be a slim chance but why not just tell the truth and pay up outside of insurance - no loss of NCB, saved other motorists, feel good for being honest, put it down to experience.

Thank goodness for the OP's mate.

Pip

[dacouch]

kowalski655 said:

Would the insurers stump up if a claim is made under that,or under statutory rules,if there are any? As it follows an RTA,possibly so. If the engine decided to explode on its own,then presumably not.

There are specific laws about oil or other pollution spills that can work their way into water courses or the water table which require the polluter to pair for the clear up.