Over in the UK we have a lot of problems with uninsured (estimated at 1 in 5)drivers. To compensate for any damage or injury sustained by an innocent party, the government has made all insurance companies contribute to a fund that is administered by the Motor Insurance Bureau (MIB - honestly !). If the uninsured driver is identified than you can claim compensation for Damage and injury. If it is hit & run then they will only pay for injuries. Recently there has been a test case where a rider was brought down by a diesel spillage of unknown origin. His legal people succesfully challenged the MIB and got him compensation for his damaged bike. I can see this being used for riders in your position when the incident is clearly due to the work being carried out, BUT they know the local council is the prime Contractor, and therfore identifiable. I know this information don't help you, but it may be of use to the UK members. My son made a successful claim so if anyone wants some more info get in touch.