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Slipscream

Several weeks ago my daughter skidded into the side of a lorry on a bend. She had to be cut out of her car (which was a write off) by the Fire Service and was treated at the scene by paramedics before being taken to hospital. The Police said they would be taking no action at the time of the accident, but have since threatened to take action unless she pays for and attends a driver awareness course, which she has agreed to do. As she was being cut out of her car, she recalls comments from both the paramedics and the firemen about the road surface being slippery due to diesel spillage. A person who used the road the evening before stated that there was a ‘green sheen’ on the road. My daughter was driving a twelve-year-old petrol driven 1.2 Fiesta. Apparently, the Police and Fire Service have made reports. Subsequently, she received a letter from the Local Authority stating that they would be charging her for cleaning up the road. Shocked by this, she forwarded the letter to her insurers, Direct Line. Yesterday, she was distraught when she received a letter advising her that the lorry driver would be claiming for injury relating to the accident, yet he seemed perfectly OK, (was walking around and talking to the witnesses/police), at the time. My daughter had a nine-year clean driving record prior to this and feels that she needs to find out the truth about the road surface. She has asked the Solicitor acting for her insurance company about this but does not appear to be getting the help she needs. Is there any way that the police or fire service reports can be accessed to determine whether or not there was diesel on the road? She has also requested a report as to the state of the road from the Local Authority.

Asked on 23 August 2011 by JP, via email

Answered by Honest John
Firstly, if there had been a prior diesel spillage then it’s impossible to say who can be held responsible for it. Secondly, since the only penalty seems to be a speed awareness course, it isn't worth fighting in a magistrate’s court. Her insurer is legally bound to meet all reasonable third party expenses arising out of the crash so she must refer all demands to her insurer. Of course she will be penalised with a stiff rise in future insurance premiums. She might get her insurer to challenge the demand from the local authority for cleaning up the scene of the crash on the grounds that the spillage was not from her car or from the lorry she hit (if this is in fact the case, as the impact might have ruptured the lorry’s diesel tank).
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