Q&A: Truck washing caused ‘off’

Our specialist motoring solicitor Andrew Prendergast guides readers through their legal trials and troubles

Q  I am an all-year-round biker because I don’t have a car licence and love riding bikes. I got ‘bitten by the biking bug’ back in the nineties, and I’ve ridden all around the world twice (amongst many other trips). I love it. After my last trip (which got disrupted quite a bit due to the poxy pandemic) I took on a job at a bread factory to save up some ‘dough’ (like what I did there!). It’s not the most glamorous job in the world, but the pay is pretty good and there is plenty of opportunity for overtime… plus cheap bakery products! Who doesn’t like a big cob to nibble on? Anyways, I was riding to work through the industrial estate one morning, and there had been a sharp frost overnight (that was forecast).

Unfortunately, a recovery truck company had washed their wagons the previous evening, and the water they used had frozen on the road overnight. You can guess the rest. I hit the ice, lost control, and fell faster than a fat lad on a seesaw. The net result is that I have broken an arm and a leg.  My view is, is it the recovery truck company’s fault? My insurance company reckons it’s the local council’s fault as they should have gritted the road. I followed their lead (I’m just a humble bread maker, what do I know?!) but I’ve just got a letter from them saying the council rejected the claim they put forward for the money my insurer paid me for my damaged bike. My insurer also said they couldn’t help anymore. I was unhappy when I spoke to them as they told me they hadn’t told the council about my injuries. WTAF! Thankfully, my governor took photos of me and the bike on the skating ring. You can see the water had run down their offending yard, on to the road and frozen. Apparently, the recovery truck company have done this before. Please help. 

A  The phrase not knowing their arse from their elbow springs to mind…. First things first, you’re right, and your insurer is wrong. If the recovery truck company left water all over the road and it freezes on a (forecasted) cold night, then your claim should be directed at them, not the local council.

The council didn’t put the hazard there. Next, evidence. You will need a statement from your governor and his photos to prove negligence on the part of the recovery truck company. Lastly, it looks like your insurer was only trying to help itself by getting the money it paid out to you for your bike back. My advice is sack off speaking to your (idiot) insurer, get a solicitor and crack on with a claim against the recovery truck company.  Your insurer will not help you get compensation.

The MB legal column is compiled by managing partner Andrew ‘Chef’ Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.

The firm deals with personal injury claims, and its sister company, Motor Defence Solicitors, deals with all motoring offences. White Dalton lawyers have a vast knowledge of bike law, and they have full bike licences, too. They don’t act for insurance companies or the prosecution. White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insurance-appointed solicitor, get proper independent advice.

For road traffic offences, call the Motor Defence solicitors on 0800 280 0912. For non-offence cases, call White Dalton motorcycle solicitors on 0800 783 6191.

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