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European Communities (Rights against Insurers) Regulations 2002

12 February 2003
The facts

These Regulations come in force from 19th January 2003. They give rights to the victims of road traffic accidents to sue the relevant Insurer directly.

They apply to accidents on a road or other public place in the United Kingdom, caused by or arising out of the use of any insured vehicle.

A vehicle is defined as a motor vehicle or trailer registered or normally based in the UK and which does not run on rails.

They apply to any Claimant who is resident of an EU Member State or of Iceland, Norway or Liechtenstein.

Where a Claimant has a claim in tort arising out of such an accident, he may issue proceedings against the Insurer of the vehicle and the Insurer shall be directly liable to the Claimant to the extent that he is liable to the insured person. Thus the Insurer can raise against the Claimant any defence, which he could have raised against his policyholder and the result of Churchill Insurance -v- Charlton (accident in a car park and not on a road – Section 151 did not apply) ought not to be affected.

Focus on...

Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.


Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.


Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.


Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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