Accident insurance meaning

Advantage Insurance Co Ltd v Stoodley and another [2018] EWHC 2135 (QB), [2018] All ER (D) 79 (Aug) What are the practical implications of the judgment? Two key, practical takeaways arise from this decision. Substantive point: a motor insurer granting cover under a DOC extension is insuring a liability that must be provided for under section 145 of the Road Traffic Act 1988 (RTA 1988). Consequently, a DOC insurer may function not only as a contractual insurer but also as a hybrid insurer (a contractual insurer whose liability is adjusted by RTA 1988, s 148) or as a statutory insurer under RTA 1988, s 151. This will matter in situations where multiple insurers are involved. Procedural point: claimants who anticipate an adverse ruling cannot sidestep it by discontinuing before judgment and then attempting to re‑litigate the same issue. Where a claimant discontinues in those circumstances, a defendant would be well advised to seek an order setting aside the notice of discontinuance. Whilst the law...

Investment bank Berenberg believes insurers are likely to keep motor policies on their ledgers, yet may pivot towards underwriting manufacturers of vehicles rather than individual drivers. This assessment comes from its comprehensive and wide-ranging review of the outlook and prospects for Britain’s motor insurance market and the implications for investors. The government intends to begin small-scale pilots of self-driving taxis and buses nationwide across the country in spring 2026. Berenberg added that, should these pilots prove effective, they might pave the way for far broader uptake of autonomous technology among Britain’s motorists...

The High Court found that Spectrum Insurance Services Ltd had undertaken to The Motoring Organisation Ltd not to profit from an opportunity to supply cover to SsangYong dealerships in the UK until any merger between Spectrum and TMO had completed. On liability, Judge Simon Birt KC held that Spectrum breached contract, fiduciary obligations and confidence by advancing the SsangYong prospect while talks over a potential merger with TMO were ongoing in late 2018, which did not proceed and never went ahead at all...

PI & Clinical negligence horizon scanner—July 2025 [Archived] ARCHIVED: This Practice Note is archived and is not maintained. It summarises the principal legal developments relevant to personal injury and clinical negligence practitioners as at July 2025. For developments predating this horizon scanner, see PI and Clinical Negligence horizon scanning and key cases—overview. Key PI and clinical negligence developments The personal injury discount rate—a review In late 2024, the Lord Chancellor, Shabana Mahmood MP, revealed the outcome of her five‑month review of the discount rate, initiated in July 2024. One month after the new +0.5% discount rate took effect, Thea Wilson (barrister at 12 King’s Bench Walk) assesses its impact on cases, the responses from claimant and defendant representatives, and the consequences of the change for legal practitioners. See News Analysis: The personal injury discount rate—a review. MoJ announces reduction in CFO’s interest rates The Ministry of Justice (MoJ) has announced lower interest rates for the Courts Funds Office’s (CFO) special and basic accounts...

Within this Practice Note, the Road Traffic Act 1988 is abbreviated to RTA 1988. Types of insurer and MIB liability In most claims, a motor insurer will extend complete indemnity to their insured under a valid policy. This signifies that the insurer accepts a contractual responsibility to discharge all damages imposed on the defendant driver. However, where the insured breaches the policy (whether before or after the event), the insurer may, under the contract, avoid liability to the insured. In that event, the insurer owes no duty to indemnify the insured thereafter...

Allocation In the context of insurance and reinsurance, ‘allocation’ is the process of identifying which policy covers a loss, or a share of a loss. In many claims this point never surfaces. If a driver wrecks their car, the motor insurance policy in force on the date of the accident will respond. Yet, in the smaller number of cases where it does arise, the consequences can be substantial for a (re)insurer's inwards liability and the availability of its outwards reinsurance. Consider a business that employs a worker for 40 years. During that period the worker is exposed to asbestos and, after retirement, develops mesothelioma and dies. The estate sues the former employer. The company had workers’ compensation/employers’ liability insurance throughout the employee’s service, but which policy, if any, should respond to the claim? Or take an insurer that covers a power station which later burns down. The insurer has prudently purchased facultative reinsurance covering the particular risk and treaty reinsurance spanning all of its power...

Notification under the Serious Injury Guide Sent by email to [ insert the early notification contact name and email address as listed for each insurer at http://www.seriousinjuryguide.co.uk/ ] Dear [ insert name ] Ref: Accident Client name: Date of birth: [ to be provided in a separate email ] National Insurance number: [ to be provided in a separate email ] We represent [ insert claimant’s name ] who sustained injuries in an incident on [ insert date ] at around [ insert time ], occurring in the course of their employment as [ insert details OR other circumstances ]...

[ IN THE COUNTY COURT SITTING AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE [ [ SPECIFY DIVISION ] ] [ [ SPECIFY SPECIALIST COURT ] ] AT [ [ INSERT LOCATION ] DISTRICT REGISTRY ] ] Claim no. Parties AB – Claimant (1) C D – First Defendant (2) X Y INSURANCE PLC – Second Defendant PARTICULARS OF CLAIM Throughout the relevant period, the Claimant was the owner and driver of a [ insert description of vehicle ], [ insert registration ] (“the car”), whilst the First Defendant was driving a [ insert description of vehicle ], [ insert registration ] (“the van”). For all material times, the van benefited from a motor insurance policy issued by the Second Defendant (“the policy”). Consequently, the Claimant is entitled to, and does, pursue the Second Defendant under the European Communities (Rights against Insurers) Regulations 2002 (“the Regulations”). The Claimant understands that the Second...

IN THE COUNTY COURT AT [ insert ] Claim No: BETWEEN [ A.B. ] Claimant-and-[ C.D. ] Defendant PARTICULARS OF CLAIM At the relevant times, the Claimant was the [ owner and ] driver of a [ make, model ] motor vehicle, registration [ insert registration number ], whilst the Defendant was driving a [ make, model ] motor vehicle with registration [ insert registration number ]. [ Details of accident ] [ The Claimant relies upon an admission of liability made by the Defendant/the Defendant’s insurance company on [ insert day/month/year ] ]. [ The accident was caused by the negligence of the Defendant. ] [ PARTICULARS OF NEGLIGENCE ] 3.1 [ particulars relevant to case ] 3.2 [ … ] As a consequence of the Defendant’s negligence, the Claimant [ who was born on [ insert day/month/year ] ] has sustained [ pain, injury, ] loss and...