Q Who's to blame for my bucket crash?

MCN - - LIFE ON BIKES - An­drew Camp­bell So­lic­i­tor and author of the MCN Law col­umn for the last ten years Visit www.bikelawyer.co.uk or email an­drew@bikelawyer.co.uk or call 01446 794169

‘You need to find out if they were work­ing nearby'

I was com­ing into Birm­ing­ham on my Fazer and en­tered a round­about when I spot­ted a bucket in the road right in front of me. I swerved to avoid it but came off and broke my wrist and thumb. A wit­ness took a photo of the bucket and gave it to the po­lice. It had the name of a build­ing firm on it. My lawyer wrote to the build­ing firm and we have heard from their in­sur­ance com­pany who say that it’s not their fault and they have no idea how the bucket got there and that it wasn't left by them. We are a bit stuck and not sure what to do next. Should I take them to court like my so­lic­i­tor says? What if it wasn't them to blame?

Sudir Khan, Birm­ing­ham

AYou should ask your so­lic­i­tor to get dis­clo­sure of doc­u­ments from the build­ing firm con­firm­ing where they were work­ing on the day in ques­tion. If they had a job which in­volved them us­ing the round­about you came off on, then a court will likely find that on the bal­ance of prob­a­bil­i­ties it was left by them.

If they were nowhere near the vicin­ity then the court is likely to ac­cept that some­one else de­posited the bucket which may have been picked up by other trades­man on a joint ven­ture. I would get the dis­clo­sure be­fore de­cid­ing on next steps.

As a back­stop you should also get a claim sub­mit­ted to the Mo­tor In­sur­ers' Bureau which can pro­vide pay­outs for cases such as this, if no-one is found li­able.

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