Crashed today - possibly due to oil on road

photonic69

Does your household insurance cover accidental damage to clothing etc when you are out and about? I'd check that first and see if you can claim on this if you want to claim.

No point trying to claim off the council.

CptKernow

drlodge wrote:

But how is this any different to there being a set of man hole covers that are as slippery as hell when wet and poorly placed. Would you sue the council for installing such covers which are too slippery for cyclists?

Sh1t happens. And its not always someone's fault.

I do kind of agree that it isn't anyone's fault. I imagine the offending driver was blissfully unaware their vehicle was leaving a slippery trail. And even if they knew and took action this would almost certainly not result in the spill being cleared up straight away on a sunday afternoon.

All I am saying is I had an unfortunate accident which a third party had a part in. Therefore, I do not think it unreasonable to look at how I can recover some of the cost of damages to my equipment.
Apparently this makes me somewhat less philanthropic than most people posting here though...

Brakeless

CptKernow wrote:

drlodge wrote:

But how is this any different to there being a set of man hole covers that are as slippery as hell when wet and poorly placed. Would you sue the council for installing such covers which are too slippery for cyclists?

Sh1t happens. And its not always someone's fault.

I do kind of agree that it isn't anyone's fault. I imagine the offending driver was blissfully unaware their vehicle was leaving a slippery trail. And even if they knew and took action this would almost certainly not result in the spill being cleared up straight away on a sunday afternoon.

All I am saying is I had an unfortunate accident which a third party had a part in. Therefore, I do not think it unreasonable to look at how I can recover some of the cost of damages to my equipment.
Apparently this makes me somewhat less philanthropic than most people posting here though...

Lots of others do think it's unreasonable though. If you post on forums you're not going to get everyone in agreement with you. I've had broken bones and bikes due to other peoples bad bike handling, if I was you I'd probably have to sue them wouldn't I?
Or maybe I could put it down to a calculated risk that is part of my chosen activity.

CptKernow

Brakeless wrote:

I've had broken bones and bikes due to other peoples bad bike handling, if I was you I'd probably have to sue them wouldn't I?

If they had insurance that would cover it I wouldn't think twice.

Or do you think you should stoically take it on the chin as that's what 'gentlemen' do...

Brakeless

Maybe you should read what people write and not cherry pick what suits you. You fell off your bike, MTFU and get on with life. If you can't accept there's risks involved with cycling then get the bus, just make sure you don't slip on the wet pavement as you get on it!

bompington

Is it just me or does anyone else think the internet has vastly increased the amount of "right but obnoxious" around?

Brakeless

Don't worry I was obnoxious (and right) long before the internet came along.

CptKernow

Brakeless wrote:

Maybe you should read what people write and not cherry pick what suits you. You fell off your bike, MTFU and get on with life. If you can't accept there's risks involved with cycling then get the bus, just make sure you don't slip on the wet pavement as you get on it!

When in doubt shout MTFU...

I'm just waiting til I stop hurting enough to get back on my bike. In the meantime I'm exploring my options, which for some reason some of you seem to find unsavoury?!

FishFish

OK I agree that you should be compensated. I'll pay; just send me an invoice. I'm really sorry for your injury and accept full responsibility for everything in the world.

Brakeless

Your immediate response after coming off was to photograph the oil which says a lot about you. There are millions of vehicles on the roads, some of them will leak a bit of oil. It's not a hazard like a large pothole that has been there for several weeks, it's a hazard that ranks along side roadkill, horseshit, wet manhole covers, suicidal squirrels - things that we just have to contend with when riding our bikes. Things which occasionally catch us out and when they do it's unfortunate, it may be painful and it may cost a few quid but to start looking for who you can blame and claim off is ludicrous. So yes MTFU and get on with life.

DavidJB

Christ we're turning into America...suck it up and move on and then maybe next time look at where you're going.

StillGoing

Rolf F wrote:

philthy3 wrote:

Claim. You'll win if the local authority was aware of the spill on the road and had failed to ensure it was cleared up as soon as possible. If they can show they weren't aware or were doing everything possible to get it cleaned up quickly or get warning notices put out, you won't win anything.

If it's like potholes then the council would have had to have been notified and failed to clear it up within 5 days or so. I would have thought that the likelihood that anyone had reported that would be minimal. But of course, it probably isn't the same. Minor spills sort themselves out if ignored; potholes just get bigger. Chances are that the spill would cease to be an issue before the council had a chance to do much about it. Problem here is that with a pothole, the first thing you do is check that the problem is a known one via the relevant websites and, if it isn't, you report it and check to see if it has been fixed within 5 days. If not, then you should stand a chance of winning a claim. But in the case of the spill, if it rains it will be gone in that time anyway.

It isn't like potholes. Again I will repeat that I come from a police background with years of these things being reported. The local authority if made aware are duty bound to get it cleared up as soon as possible. If someone damages their vehicle or a collision occurs because of their failure to clear it up, they can be claimed against. They in turn will pursue the vehicle that dropped the oil/coolant on the road if they can trace them.

StillGoing

Brakeless wrote:

Your immediate response after coming off was to photograph the oil which says a lot about you. There are millions of vehicles on the roads, some of them will leak a bit of oil. It's not a hazard like a large pothole that has been there for several weeks, it's a hazard that ranks along side roadkill, horseshit, wet manhole covers, suicidal squirrels - things that we just have to contend with when riding our bikes. Things which occasionally catch us out and when they do it's unfortunate, it may be painful and it may cost a few quid but to start looking for who you can blame and claim off is ludicrous. So yes MTFU and get on with life.

It is a hazard. This was a cyclist. An emergency vehicle responding to an incident could happen on that and suffer far worse consequences especially if there is oncoming traffic.

How do I report a road spillage?
by FindLaw UK
Spillages on roads can cause serious accidents for all highway users. You should report them to your local council.

Reporting an offender

If you have details of someone who has caused a road spillage, you can report this to your local council.

When reporting an offender, provide as much information as possible, including:

the date
vehicle registration
description of spillage
Who is responsible for clearing up a road spillage?

Your local council is responsible for clearing up road spillages. If an incident happens outside of usual office hours, your council’s highways department may run an out-of-hours standby service to provide emergency cover. For further information, contact your local council.

Oil and diesel spillages may be potentially hazardous. For these and other substances of a hazardous nature, the local police and fire service may also be involved in the incident and road closures may be required.

Road spillages on motorways are very hazardous and should be reported to the Highways Agency information line.

rolf_f

philthy3 wrote:

Rolf F wrote:

philthy3 wrote:

Claim. You'll win if the local authority was aware of the spill on the road and had failed to ensure it was cleared up as soon as possible. If they can show they weren't aware or were doing everything possible to get it cleaned up quickly or get warning notices put out, you won't win anything.

If it's like potholes then the council would have had to have been notified and failed to clear it up within 5 days or so. I would have thought that the likelihood that anyone had reported that would be minimal. But of course, it probably isn't the same. Minor spills sort themselves out if ignored; potholes just get bigger. Chances are that the spill would cease to be an issue before the council had a chance to do much about it. Problem here is that with a pothole, the first thing you do is check that the problem is a known one via the relevant websites and, if it isn't, you report it and check to see if it has been fixed within 5 days. If not, then you should stand a chance of winning a claim. But in the case of the spill, if it rains it will be gone in that time anyway.

It isn't like potholes. Again I will repeat that I come from a police background with years of these things being reported. The local authority if made aware are duty bound to get it cleared up as soon as possible. If someone damages their vehicle or a collision occurs because of their failure to clear it up, they can be claimed against. They in turn will pursue the vehicle that dropped the oil/coolant on the road if they can trace them.

Well it is! Local Authority has to fix potholes promptly after them being reported - the only difference is that someone else can potentially be blamed for it. But as far as the OP goes, we don't even know it was the cause of the accident in this case. The line of wet oil is very narrow and I suspect you'd have to be trying hard to come off as a cause of it. If you fetch up on the floor with a bent wheel as a result of hitting a pothole, the cause is pretty obvious. As many of us have said, the main thing is to report it.

bendertherobot

This has been fruity. Sadly, the chances are remote to non existent. Following the case of Valentine in 2010 any claims involving "surface lying material" are virtually doomed. That means mud, oil, gravel, moss and lichen (see Rollinson v Dudley). It excludes snow and ice which were originally excluded by Goodes v East Sussex but re-included when Section 41 of the Highways Act was amended to make it explicit that the duty to maintain the fabric of the highway did extend to keeping it free of snow and ice (subject to reasonableness).

AK_jnr

Its funny how when I came down on ice last year and broke my scaphoid in both wrists it didnt even cross my mind to try and blame and claim.
Or even take a picture. I just picked myself up, rode home and took myself down A&E.
Chalked up to experience.

Brakeless

philthy3 wrote:

Brakeless wrote:

Your immediate response after coming off was to photograph the oil which says a lot about you. There are millions of vehicles on the roads, some of them will leak a bit of oil. It's not a hazard like a large pothole that has been there for several weeks, it's a hazard that ranks along side roadkill, horseshit, wet manhole covers, suicidal squirrels - things that we just have to contend with when riding our bikes. Things which occasionally catch us out and when they do it's unfortunate, it may be painful and it may cost a few quid but to start looking for who you can blame and claim off is ludicrous. So yes MTFU and get on with life.

It is a hazard. This was a cyclist. An emergency vehicle responding to an incident could happen on that and suffer far worse consequences especially if there is oncoming traffic.

How do I report a road spillage?
by FindLaw UK
Spillages on roads can cause serious accidents for all highway users. You should report them to your local council.

Reporting an offender

If you have details of someone who has caused a road spillage, you can report this to your local council.

When reporting an offender, provide as much information as possible, including:

the date
vehicle registration
description of spillage
Who is responsible for clearing up a road spillage?

Your local council is responsible for clearing up road spillages. If an incident happens outside of usual office hours, your council’s highways department may run an out-of-hours standby service to provide emergency cover. For further information, contact your local council.

Oil and diesel spillages may be potentially hazardous. For these and other substances of a hazardous nature, the local police and fire service may also be involved in the incident and road closures may be required.

Road spillages on motorways are very hazardous and should be reported to the Highways Agency information line.

Did you even look at the picture ?

Posting a load of whatiffery about emergency vehicles crashing is rubbish, it's not a flipping Tanker spill it's a little bit of oil from a car. It may be a small hazard but as said above there's plenty of that type of hazard. If eveyone reported every little oil leak most of the UK roads would be shut down.

As for talking about police and fire service being involved, again a load of worst case scenario whatiffery.

Next time I see a police horse dump on the road I'll ask the police officer to clean it up as 'Spillages on roads can cause serious accidents for all highway users.' I think I know what thier response will be.

veronese68

philthy3 wrote:

Spillages on roads can cause serious accidents for all highway users. You should report them to your local council.

I think it may depend on the size and nature of the spill, when I reported a large diesel spill on the roundabout near work I was put through to 999 as it was considered an emergency, admittedly the spill was large enough that I could smell the diesel as well as seeing it. A spill the size of the one in the picture is not worthy of a 999 call, as Rolf said that would probably be washed or worn away before anyone got to it to do anything anyway.

CptKernow

So, if your car spills diesel on the road and someone has an accident as a result, you all have a clear conscience?
I expect you'd get out of the car and say 'MTFU'!

And as someone who has been cycling long enough to have had their fair share of accidents without having ever blamed anyone else I do find a lot of these posts quite patronising and mildly insulting.

All the advice on white lines, manhole covers etc - please! This was a dry sunny day on a road I know. If I start riding as if there were oil on every bend in Cornwall I might as well give up...

photonic69

As I said before.... if you want to claim then use your household contents insurance. They'll probably have cover for accidental damage to clothing....

DeVlaeminck

AK_jnr wrote:

Its funny how when I came down on ice last year and broke my scaphoid in both wrists it didnt even cross my mind to try and blame and claim.
Or even take a picture. I just picked myself up, rode home and took myself down A&E.
Chalked up to experience.

Different thing. In sub zero tempertures you might expect ice, you do not expect people to dump diesel or oil in any quantity on a bend. I agree the claim may be fruitless but it's not morally wrong as some are implying.

Flâneur

was this just a troll which everyone bought into?

DavidJB

CptKernow wrote:

So, if your car spills diesel on the road and someone has an accident as a result, you all have a clear conscience?
I expect you'd get out of the car and say 'MTFU'!

And as someone who has been cycling long enough to have had their fair share of accidents without having ever blamed anyone else I do find a lot of these posts quite patronising and mildly insulting.

All the advice on white lines, manhole covers etc - please! This was a dry sunny day on a road I know. If I start riding as if there were oil on every bend in Cornwall I might as well give up...

I've been riding seriously for 8 years...12-15 hours a week...10,000-12,000 miles a year and I've managed to somehow never come down on oil...I use these things called eyes to scan the road ahead..they are quite brilliant.

Saying that I bet I'll tank it tonight now

Anyway stop looking for someone to blame and try to ring money out of and get on with your life.

Brakeless

CptKernow wrote:

So, if your car spills diesel on the road and someone has an accident as a result, you all have a clear conscience?
I expect you'd get out of the car and say 'MTFU'!

And as someone who has been cycling long enough to have had their fair share of accidents without having ever blamed anyone else I do find a lot of these posts quite patronising and mildly insulting.

All the advice on white lines, manhole covers etc - please! This was a dry sunny day on a road I know. If I start riding as if there were oil on every bend in Cornwall I might as well give up...

Most of us have probably owned cars that have spilled a small amount of Oil at some point, chances are that we wouldn't have even known about it.
If we had I'm sure we would have coned it off, called the police, the council and the fire service and would get the air ambulance on standby just in case. We'd then put a call in to our insurers to warn them of the forthcoming influx of claims that were heading thier way due to our complete incompetence and incredibly dangerous actions.

bigmat

DavidJB wrote:

I've been riding seriously for 8 years...12-15 hours a week...10,000-12,000 miles a year and I've managed to somehow never come down on oil...I use these things called eyes to scan the road ahead..they are quite brilliant.

Saying that I bet I'll tank it tonight now

Anyway stop looking for someone to blame and try to ring money out of and get on with your life.

You've been lucky then. Hope that continues.

DavidJB

BigMat wrote:

DavidJB wrote:

I've been riding seriously for 8 years...12-15 hours a week...10,000-12,000 miles a year and I've managed to somehow never come down on oil...I use these things called eyes to scan the road ahead..they are quite brilliant.

Saying that I bet I'll tank it tonight now

Anyway stop looking for someone to blame and try to ring money out of and get on with your life.

You've been lucky then. Hope that continues.

I've crashed in other stupid ways like riding into the back of a van and dislocating my shoulder or trying to mount the kerb too shallow and going arse over tit... I've always mitigated oil and ice by keeping lose on the bike and keeping things straight.

I'm probably being super harsh on OP but this claim and blame culture that is developing really gets my goat

bigmat

Its a media myth for the most part, in reality it is becoming increasingly difficult to pursue a claim in the UK and damages are pitifully low compared to the US. There are obviously a few chavs who take the mick, but that tends to amount to fraud rather than "compensation culture". I don't think the OP has a very good claim at all, but I have no problem with the principle of pursuing a claim where someone else was responsible for your accident. If a local authority is cutting corners and failing to clear up spills / grit roads / fill potholes etc, they should be responsible if that results in someone coming off their bike.

dinyull

To the OP - put in a claim. You've got nothing to lose. It might have been reported and the only way you'll find out is if you put in a claim.

Oh and report it so the council can get on the case.

noodleman

Rather unfortunate but c'mon! It's hardly a major oil spill and it looks pretty easy to avoid if your'e watching where your'e going. Just put it down to bad luck.

CptKernow

I am solely interested from a legal perspective as to whether I can recoup my damages. If I can I will.

If a car hadn't spilled diesel on the road I would not have crashed. I don't hold the driver morally responsible for this, but I imagine in a legal sense they would be considered ultimately responsible for the results of their actions.

To me this is completely different to falling off because you went out in the snow, hitting a bollard or lost control going down hill. There is no third party there or any incident involved a fixed object - i.e. no argument anyone else bears some responsibility.

Whilst I am quite over this incident, I'm sort of struggling with the lack of objectivity and ability to think in remotely abstract concepts displayed by some on here.