Direct rights of action against insurers

In most European Union Member States there is a compulsory requirement for vehicle owners to have third party liability insurance. Following an accident, a Claimant can usually choose whether to pursue a claim against the driver of the other vehicle or to apply direct to the insurer in order to obtain compensation.

The European Communities (Rights against Insurers) Regulations 2002 introduced Article 3 of the Fourth Motor Insurance Directive and sets out the provision for having a direct right of action against insurers.

Regulation 3 – Right of action

  1. Paragraph (2) of this Regulation applies where an entitled party has a cause of action against an insured person in tort or (as the case may be) delict, and that cause of action arises out of an accident.
  1. Where this paragraph applies, the entitled party may, without prejudice to his right to issue proceedings against the insured person, issue proceedings against the insurer which issued the policy of insurance relating to the insured vehicle, and that insurer shall be directly liable to the entitled party to the extent that he is liable to the insured person.

Essentially, this Regulation provides that a Claimant can recover compensation directly from the insurance company rather than pursuing the policyholder responsible.

Meet the team

Sarah Wheadon
Partner
Health & Safety and Regulatory
Southampton
023 8082 0485
07881 343975
Health & Safety and Regulatory
Bethany Blamire
Partner
Insurance Litigation
Southampton
023 8082 0549
07500 935 694
Insurance Litigation
Kelvin Farmaner
Partner & Head of Dispute Resolution Group
Insurance Litigation
Southampton
023 8082 0527
07500 935 553
Insurance Litigation
Chris Whiteley
Managing Partner
Personal Injury
Salisbury
01722 426921
07884 184 580
Personal Injury
James Braund
Senior Associate
Personal Injury
Southampton
01202 339014
07887 525 415
Personal Injury
James Parsons
Consultant Solicitor
Insurance Litigation
Southampton
023 8082 0455
07970 191 514
Insurance Litigation
Andrew Boba
Paralegal
Insurance Litigation
Southampton
023 8082 0495
Insurance Litigation
Julie Helling
Paralegal
Insurance Litigation
Southampton
023 8082 0521
Insurance Litigation
Victoria Barrington
Legal Secretary
Insurance Litigation
Southampton
023 8082 0520
Insurance Litigation
Angela Fraser
Legal Secretary
Insurance Litigation
Southampton
023 8082 0517
Insurance Litigation

First person - Insurance litigation

Kelvin Farmaner