Road Traffic Compensation - Who to Sue?

You would have thought that identifying the proper party to sue in the event of a road traffic compensation claim would be fairly easy, but the reality is far from it. Solicitors often get it wrong, so there is little hope if you try to do it yourself.  We will provide an explanation of the basic rules, but it is important that you obtain specific advice tailored to your own circumstances.

Children

A child for these purposes is someone aged under 18.  For a child to sue or to sue a child there needs to a "litigation friend" appointed.  You can issue proceedings against a child, but once issued you cannot take any further steps until a litigation friend is appointed.

Disabled persons

Just because someone has a disability does not mean they are incapable of managing their own affairs.  If they are capable of managing their own affairs there is no reason why they cannot sue and be sued in their own right.  If they cannot manage their own affairs they are a "protected party" and the same rules apply as to children.

Driver/rider

The person in control of the third party vehicle would normally be the main party either bringing the claim or defending it.  However, they may have a perfectly valid defence in blaming a completely different driver/rider.  If this is the case it is important that the other driver/rider in brought in.

Employer

If the claim is against someone who was driving/riding a works vehicle and/or on their employer's business there may be a claim against the employer as well as the driver/rider.  Employers can sue for damage to their own vehicles.

Fatal accidents

Claims involving a party that has died must be brought by or made against the representative of the estate of the deceased party.  Their exact status will depend on whether probate has been granted and whether they were named as an executor in any Will.

Home insurers

You cannot issue a claim directly against a home insurer, you have to sue their insured.  They cannot sue you in their name, they have to issue proceedings in the name of their insured.

Passengers/pillion riders

A passenger/pillion rider can be sued if they caused or contributed to the cause of the accident.  They can sue the driver/rider of the vehicle they were on/in as well as any other party involved.  This will often include claiming against their husband or wife.

Road traffic insurers

Since implementation of the European Communities (Rights Against Insurers) Regulations 2002 a road traffic insurer can be sued direct as well as suing their insured.  However, they cannot issue proceedings against you and have to do so in the name of their insured.

Vehicle owner

The owner of a vehicle can sue for damage to that vehicle.  If the owner allowed someone to drive/ride their vehicle without insurance there may be a claim against the owner as well as the driver/rider.

We are here to help 24 hours a day 365 days a year.  Either e-mail us anytime, call (01296) 662770 (Nick) or (01525) 373322 (Richard) during the normal working day or (07973) 424178 in an emergency.