Contractual insurer A claim arising out of a road traffic accident (RTA) can be brought directly against an insurer without claiming against the insured person under the European Communities (Rights against Insurers) Regulations 2002 (EC(RAI)R 2002), SI 2002/3061, reg 3. The right to issue directly arises as a result of the insurer’s contractual relationship as indemnifier. EC(RAI)R 2002, SI 2002/3061, reg 3 provides that an insurer ‘shall be directly liable’ to the claimant who has a cause of action against ‘an insured person in tort’. An ‘insured person’ is defined as a person insured under a policy of insurance. However, by virtue of EC(RAI)R 2002, SI 2002/3061, reg