Sometimes, identifying who your opponent is in a personal injury compensation claim can be easier said than done, and there are a number of traps for the unwary.

Perhaps the most straightforward case is a road traffic accident. If John Smith runs into the back of you at a set of traffic lights, it’s obvious that he is the Defendant, isn’t it?

What happens if John Smith is a taxi driver?  Or a bus driver? Or an HGV driver? Or worst of all, isn’t insured?

Many companies take out corporate insurance policies, so although John Smith might be the tortfeasor (the wrongdoer), the actual Defendant might be his employer – Big Red Bus with No Brakes Limited for example.  

Motor insurance to cover 3rd party liability is compulsory – so in some circumstances proceedings might be brought directly against the insurance company, and if the worst comes to the worst and John Smith wasn’t insured, then the Motor Insurers Bureau (MIB) will step in – and often insist on being named as a Defendant in any proceedings.

Slipped over in a McDonalds or KFC? Beware, many fast-food restaurants are franchised, that is, a small enterprise enters an arrangement with Pizza Hut, for example, to trade under that name. The agreement upholds certain quality standards, standard menus, pricing structures etc, so that every KFC looks the same and sells the same. However, the KFC on the High Street in Doncaster is almost certainly owned and run by someone completely different to the Meadowhall KFC. All offices, shops and retail premises are required to display their insurance certificate where it can be seen by the public – and if you can find it that should say who is insured for example “Fast Food Franchise Limited” or “Mary Brown”.

Once we get away from individuals, who or what can be sued? Limited companies have what is known as a corporate legal identity and can therefore be sued in the company name (rather than proceeding against the individual owners, (the shareholders).  So, if you’re shopping in Asda and an employee drops a box on your foot – you can properly sue Asda Stores Limited, in Tesco, then it’s Tesco Plc (Public Limited Company).

What if you’re in the working men’s club and a speaker falls off the wall squashing you? Or you’re at the tennis club and slice your arm on a piece of loose fencing? If you’re a member of the club and a senior office holder you might have a problem, especially if maintaining the premises was part of your remit. Most other members will be able to sue, but it will depend on the way the club is constituted as to who your named Defendants will be.

We started this piece with individuals and we’ll finish with individuals. An individual can usually be sued in their own name but again beware, you need to take special steps before you can sue a child, someone with a mental health condition that makes them incapable of understanding litigation or someone who is dead.  

So, if you are injured, do try and find out who bears responsibility – but when you’re issuing – ask a solicitor.