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Key definition
Personal injury definition

What does Personal injury mean? Personal injury describes harm to a person’s body or mind, as opposed to damage to property or pure economic loss. In practice it underpins civil claims in tort/delict, including negligence, occupiers’ liability, employers’ liability, product liability, road traffic accidents and clinical negligence. Across England & Wales, Scotland, Northern Ireland and Ireland, legislation (notably limitation statutes and, in Ireland, Personal Injuries Assessment Board legislation) commonly defines personal injuries to include disease and any impairment of a person’s physical or mental condition. Recognised heads therefore cover physical injury, industrial disease and psychiatric injury. Fatal injury claims are related but procedurally distinct. Key legal features...

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Establishing indemnity and satisfying judgments in personal injury claims: motor insurance (RTA/MIB/Article 75), employers’ liability and tracing insurers

Practice notes
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Importance of establishing indemnity

In personal injury claims, it is essential, and ideally done early, to verify whether the would-be defendant held, at the moment of the accident or event, an indemnity covering any damages and costs that might be ordered. Such cover is most commonly provided under a policy of insurance. The central reason for confirming indemnity is to give claimants confidence that the defendant is ‘good for the money’ and can meet any judgment. This Practice Note is not limited to a narrow, technical meaning of indemnity. In some personal injury matters, notably road traffic cases, payment of damages and costs may instead be obtained from an insurer or a body such as the Motor Insurers’ Bureau (MIB) through the operation of statute or regulations.

Road accident claims

Statutory background

To safeguard those injured in road collisions, section 143 of the Road Traffic Act 1988 provides that no one may use, or cause or permit the use of, a motor vehicle on a road or other public place unless there is insurance or security in place for third-party risks...

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Web page updated on 21/05/2026

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