Q Who's to blame for my bucket crash?
‘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.