Q&As

In relation to a Personal Injury claim where the accident took place in June 2015, what is the procedure under the Third Parties (Rights Against Insurers) Act 1930?

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Produced in partnership with Andrew Wilson
Published on LexisPSL on 29/11/2017

The following PI & Clinical Negligence Q&A produced in partnership with Andrew Wilson provides comprehensive and up to date legal information covering:

  • In relation to a Personal Injury claim where the accident took place in June 2015, what is the procedure under the Third Parties (Rights Against Insurers) Act 1930?
  • Does the TP(RAI)A 2010 apply?
  • Procedure if TP(RAI)A 1930 applies

The date of the accident is potentially determinative of whether the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A 1930) or the new Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) applies.

Does the TP(RAI)A 2010 apply?

TP(RAI)A 2010 will apply where a company incurred a liability (injury to the claimant from the accident) before 1 August 2016, but became insolvent on or after 1 August 2016.

Therefore, if the insolvency of the defendant company started on or after 1 August 2016, the rights of that company ‘the relevant person’ pass to the inju

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