Who will my claim be against?

The people and organisations from whom you may be able to claim compensation (the defendant) could include:

• The driver of a vehicle involved in a road traffic accident (RTA) in which you sustained your injury (this could include a vehicle in which you were a passenger).
• A local authority, if your injury resulted from a slip and trip accident in a public place, or the owners or occupiers of any private premises in which you were injured (public liability), or your employer if you were injured at work (employers’ liability).
• An NHS Trust if your injury results from medical error or misjudgment (medical negligence). In practice, you will be dealing with the defendant’s insurance company and their legal representatives.

Under certain circumstances there may be no defendant in the normal sense and you may need to seek compensation from another source, such as:

• The Motor Insurers Bureau (MIB) if the driver involved in an RTA is uninsured or cannot be traced following a hit and run incident.
• The Criminal Injuries Compensation Authority (CICA) if you are victim of criminal assault (applications to the CICA for compensation are subject to a two year time limit).