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Who Pays My Personal Injury Compensation?

Find out who is ultimately responsible for paying your compensation if your personal injury claim is successful.

We also look at the role of insurance companies and the Motor Insurers’ Bureau. 

Disclaimer: This guide outlines general topics you should be thinking about if you want to make a personal injury claim. But it is not legal advice. If you need legal advice, you should contact a personal injury claim solicitor for guidance on your specific circumstances.

Who Pays My Personal Injury Claim Compensation?

The person who caused your accident is responsible for paying you compensation. If the person who caused the accident is insured, their insurance company will take over the case and pay you compensation on their behalf.

In the Northern Irish legal system, the person making the claim is called the plaintiff.

The person who is alleged to have caused the accident is called the defendant.

If you win your personal injury claim, the defendant will be responsible for paying your compensation.  

Most of the time, the defendant will have an insurance policy to deal with claims. A driver in a road traffic accident will (almost always) be insured. An employer or the owner of a commercial premises should be insured too.

When you warn the defendant that you intend to make a claim, they will tell their insurance company.

It will then step in and manage the claim process.

(Note: just to make things easier – when we use the word “defendant”, we’re also talking about any insurance company managing the claim on that defendant’s behalf.)

Sometimes a defendant won’t have a valid insurance policy. In those cases, the defendant themselves will be responsible.

In road traffic accidents, the Motor Insurers’ Bureau provides cover where a defendant is not insured or can’t be identified.

One of the biggest pitfalls of all, when it comes to personal injury claims, is not being able to identify the defendant. If you don’t have a defendant, you don’t have a claim!
So always remember to find out the details of who is at fault for the accident, if at all possible.

The above article is part of our guide on how to make a personal injury claim in Northern Ireland.

If you are thinking about making a personal injury claim, you should get in touch with a Northern Ireland personal injury solicitor who will help you assess the strength of your case.

If you have any questions, you are very welcome to get in touch.

All the best,

The Team @ Lightlaw

Every effort is made to keep this guide up to date. Although it is not to be regarded as legal advice, we strive to make sure the information is helpful, accurate and practical. If you are a Northern Ireland personal injury solicitor and have spotted an inaccuracy, you can submit a suggested change.