Because a car crashed into mine due to an oil spillage, can I claim compensation for road accident caused by oil spill?
You may be able to claim compensation for road accident caused by oil spill, but in order to do so some important criteria must be met – that the accident was caused by the negligence of another party and that you sustained an injury in the crash that required professional medical attention. It must be noted, however, that in a case such as yours, negligence may not be held to the driver of the car that crashed into you, as they may also be deemed a victim to the oil spillage.
If the party responsible for causing the oil spill is identified, your claim for oil spillage injury may be brought against them. One way of tracing the responsible party would be by accessing CCTV or security tape footage, although this procedure is best left up to the Gardai. If the negligent party cannot be identified, your claim for oil spill crash injury may be made through the Motor Insurers’ Bureau Ireland (MIBI).
The MIBI – which was founded by agreement between the Government and motor insurance companies operating in Ireland – is responsible for claims made by accident victims where the negligent party has fled the scene of the accident and is untraced, uninsured, or if their car is registered abroad.
Claiming compensation for road accident caused by oil spill with the MIBI is similar in many ways to making a claim against any other negligent driver. For example, under normal circumstances where an insured driver would refer the plaintiff to his or her insurance company who would defend the claim on their behalf, the MIBI do the exact same thing; however, the matter will be referred to one of the MIBI’s member insurers who will defend the traffic accident oil spill claim as they would any other.
It is worth noting that the role of the MIBI’s designated “Claims Management Services Provider” is to pay out as little compensation for your claim for oil spill crash injury as possible. For this reason, it is recommended that you engage an experienced solicitor to assist with your traffic accident oil spill claim. Your solicitor would be able to monitor the claims process and help ensure that the amount offered is a satisfactory reflection of the effect your accident and subsequent injury has had on your financial and personal life.
It is important that your case is thoroughly investigated and professionally prepared in order to maximise the potential for success and of recovering a fair amount of compensation for road accident caused by oil spill in the quickest time possible.