A vehicle won’t get very far without engine and gearbox oil. However, if oil leaks out as a result of a collision or a leak, caution is advised. If there is a trail of oil on the road, it creates a dangerously slippery surface and increases the risk of an accident. It is not uncommon for a traffic accident to be caused by spilled oil.
In this guide, we therefore explain how to respond correctly if you are involved in an accident caused by an oil spill on the road, and who is responsible for paying for the damage and clearing up the oil spill.
- An accident caused by an oil spill is known as a secondary accident.
- Oil makes the road surface slippery, thereby increasing the risk of accidents.
- The person responsible for the oil spill is liable for the damage caused following an accident involving the oil spill.
- However, the person who caused the accident may also be found partly at fault.
- The cost of the fire brigade clearing up the oil spill is covered by the liability insurance of the vehicle that leaked the oil.
Why is an oil slick on the road so dangerous?
Spilled oil makes the road surface slippery. This means the tyres can no longer grip the road, making the vehicle difficult to control. An accident is virtually inevitable, particularly at high speeds. Technical faults or collisions can cause oil to leak whilst the vehicle is in motion, dripping onto the road surface. It is therefore not uncommon for oil marks to stretch for several metres. Furthermore, oil is not water-soluble and cannot simply be washed away by the next rainfall. If a following driver travels at high speed over oil marks that have not been cleared, they face a significant risk of being involved in an accident. In most cases, the driver is in no way to blame for the accident caused by the oil marks. That is why an accident resulting from oil marks is also Secondary accident called.
Note: An oil spill on the road is particularly dangerous for motorcyclists, as they can suffer serious injuries in the event of a motorcycle accident.
Who is liable for the damage caused by an accident resulting from an oil spill?
If, despite driving with due care and attention, you are unable to avoid a collision with another vehicle due to an oil spill, the question arises: who is liable for the damage to the vehicle and perhaps even for the Compensation for pain and suffering Who is liable? The driver involved in the accident or the person who caused the oil spill?
Under Section 32(1) of the Road Traffic Regulations (StVO), it is prohibited to cause obstructions to traffic. This includes causing an oil spill. If a subsequent accident then occurs as a result of the oil spill, the The person responsible for the oil spill including for any damage caused. Drivers of vehicles that have leaked oil must also mark the oil spill to help prevent further accidents.
Sometimes, however, it is not so easy to identify the person responsible for the oil spill. Not every driver realises straight away that their car is leaking. In such cases, the person responsible for the oil spill cannot be held liable. However, the road authority also has a duty to ensure road safety and is therefore responsible for eliminating the risk of traffic accidents caused by oil spills by cleaning the carriageway promptly.
When might I be held partly responsible for an accident caused by an oil spill?
However, there are also circumstances that may reduce the liability of the person responsible for the oil spill. In principle, the driver of the vehicle involved in the accident is not off the hook. This is because, in addition to the oil spill, all other circumstances leading to such an accident are also relevant.
If, for example, you were driving too fast but, had you been travelling at a reasonable speed, you would have been able to spot the oil spill, swerve to avoid it and thus prevent the accident caused by the oil spill, then the attribution of Partial debt possible. However, the allocation of a partial debt is always decided on a case-by-case basis.
Who can clean up the oil spill, and who has to pay for it?
If you notice that a vehicle is leaking oil or that there is already oil on the road, you should set up a warning triangle as soon as possible to warn other road users. Then inform the fire brigade. They will then cordon off the road and take care of clearing the oil spill. If the oil is coming from your car, you should also inform the police. Oil-binding agents are then used, as oil is not water-soluble. These agents absorb the oil, form a bond with it and can then be disposed of in a specialised manner. The driver of the vehicle that caused the oil spill must bear the costs of the extensive clean-up.
What should you do in the event of a hit-and-run?
If the person responsible for the oil spill is not at the scene or cannot be traced, you should always contact the police. If the person responsible is not found, accident victims will have to cover the cost of the damage themselves. If, for example, you have comprehensive motor insurance, this may cover the repair costs for your vehicle. However, you must expect your insurance premiums to increase. If the police subsequently identify the person responsible for the oil spill who fled the scene, you can claim back the costs incurred from them – as well as the increase in your insurance premiums.
Is an accident caused by an oil spill covered by third-party liability insurance?
In the event of an accident caused by an oil spill, it is essential to distinguish between two types of damage:
- Repair costs for the vehicle involved in an accident caused by an oil spill
- Repair costs for the vehicle that is leaking oil
Oil marks are generally considered to be Third-party liability claims. Consequently, the repair costs for the vehicle involved in the accident are covered by the at-fault party’s third-party liability insurance. Naturally, the vehicle that was leaking oil must also be repaired. These costs are covered by comprehensive insurance, provided that such a policy has been taken out.
How can I prevent an accident caused by the oil spill I’ve left behind?
If you notice that your vehicle is leaving an oil trail on the road, you must take immediate action:
- Switch on the hazard warning lights
- Pull over to the right-hand side of the road
- Put on a high-visibility vest
- Set up the warning triangle at a safe distance
- Keep the police and fire service informed
Your third-party liability insurance will usually cover the costs of the police and fire service call-outs.
Steps towards fair claims settlement
Have you been involved in an accident caused by an oil spill on the road? Then play it safe and contact us directly:
- Our competent team of experts will discuss the right next steps with you.
- If required, we can organise an expert to come to your home. He will prepare the important independent expert opinion
- Your full claims are calculated by specialist solicitors using our software
- Your optimised claims are asserted with the insurance companies liable to pay benefits and paid out for you
- If required, our network of tested, reliable specialist workshops and replacement vehicles will support you
- You will be kept up to date on all regulatory progress via our innovative HIS (customer information system).
We can’t undo your oil-spill accident. But we’ll make the best of it for you – we promise!
