Cyclist wins compensation for injuries caused by oil spill

£2000 payout won on appeal

by Tony Farrelly   September 7, 2009  

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A cyclist from Preston has been awarded £2000 in damages for injuries he received when he crashed his bike after slipping on an oil spillage left on the road by a farmer after lawyers acting for the CTC on his behalf succesfully appealed against an earlier decision not to compensate him.

Antony Di Domenico, 42, of Wesham, Preston, suffered injuries to his shoulder, arm, knee and hip after slipping on the oil and being thrown from his bike while cycling near the junction on Delph Lane near Garstang in Lancashire in June 2007.

Mr Di Domenico, a CTC member, was travelling with a friend at the time. A local resident who witnessed the accident informed him that the oil spillage was caused by a farmer, who attempted to cover it with sand.

“It took weeks for the grazing to heal and several months for the bruising on my shoulder and hip to recover, but I continued to feel a muscular ache on my right hip for sometime after the accident”, said Mr Di Domenico.

Mr Di Domenico applied to the Highway Authority and Motor Insurance Bureau (MIB) following his accident but his claim was rejected, as the incident had not been reported to the police and liability for the accident had not been proven.  Mr Di Domenico's solicitor appealed on his behalf and subsequently won his claim.

Paul MacBeth of Russell Jones & Walker, acting on Mr Di Domenico’s behalf, said: “Mr Di Dominico’s case was brought forward under the 2003 Untraced Drivers Agreement and his application was initially refused.  He successfully appealed as, upon closer inspection of the evidence, the untraced driver was found to be negligent.  The payout in the case accounts not only for the injury caused by the accident itself but also the stress and problems that arose subsequently.”

Debra Rolfe, CTC’s Campaigns Coordinator, said: “It is really important for the safety of cyclists and other road users that the condition of the road is safe.  That is why we urge all cyclists and motorists to report road defects like oil spillages and potholes on our website www.fillthathole.org.uk. The site automatically notifies the council or the Highways Agency so that they can fix the problem before someone gets hurt.”

Every CTC member is automatically covered by £10 million third party insurance, which covers the costs if a claim is made against them following an accident.  CTC members are also entitled to free legal advice through RJW if they suffer an injury as a result of someone else’s negligence. RJW operates the CTC Accident Helpline, a legal advice line which is open 24 hours a day, 365 days a year.

If the value of the personal injury is more than £1000, CTC will cover all court costs irrespective of the outcome of the case and will pay for reports, expert witnesses or transport consultants if needed.  CTC members also always get to keep 100% of  their compensation and have the support of CTC throughout their case.

1 user comments

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Ggod on him - I came off my motorbike sme years back due to a diesel spill from some site workers who had been topping up the tank on their compressor rather carelessly. I got nothing, despite the very costly damage to my motorcycle because the rules were different then.
The farmer will think twice next time.
Oil spills and fuel spills are fairly easy to clean up.
Washing up liquid is remarkably effective.

OldRidgeback

posted by OldRidgeback [2288 posts]
8th September 2009 - 7:52

4 Likes