Accident Claim Lawyers
LegalUpdated September 2026

The defendant in an accident claim

In plain English: the defendant is the person, company or public body you bring a claim or lawsuit against. In most accident cases, the defendant is the one legally responsible, but their insurer is usually the one that handles the claim and pays.

The insurer behind the name

This confuses a lot of people. If you're hit by a driver in the US, the lawsuit usually names the driver, not their insurance company, even though the insurer hires the lawyers and pays any settlement. Most states don't allow you to sue the other driver's insurer directly for their negligence, though a few have direct action rules. Many people worry about suing someone personally. In practice, most claims are paid within the policy limits, and the driver rarely pays anything out of pocket.

In the UK, you can often bring a road traffic claim directly against the at-fault driver's insurer. If the driver was uninsured or can't be traced, the Motor Insurers' Bureau may compensate you instead.

Who else can be a defendant

  • Employers of the at-fault person. If a delivery driver or employee was working at the time, the employer is usually liable too, under vicarious liability.
  • Vehicle owners. In some places, the owner can be responsible for a driver they allowed to use the car.
  • Property owners and occupiers for slips, trips and falls on their premises.
  • Manufacturers if a defective part caused or worsened the accident.
  • Government bodies for poorly maintained roads or public buildings.
Public bodies often have short notice deadlines

Claims against cities, counties, states and other public bodies often require a written notice of claim well before the normal limitation period, sometimes within months. Missing it can end the claim. Check the rules for your area immediately if a public body may be involved.

Why naming the right defendant matters

Naming the wrong party, or missing one, can cost you. If the limitation period passes before you add the correct defendant, you may lose the claim against them. Leaving out a defendant with more insurance can also cap what you can recover, particularly in serious cases where a single driver's policy limit isn't enough.

How to identify everyone involved

  1. Get the police report and the other driver's insurance details.
  2. Note company names on vehicles, uniforms and signs.
  3. Photograph the scene, including hazards and who seemed to be in charge of it.
  4. Tell your lawyer about anything unusual, such as a sudden mechanical failure.
Example

A van driver runs a red light and hits you. The van belongs to a delivery firm. Naming both the driver and the firm means the firm's commercial insurance, usually much larger than a personal policy, is available.

Next: complaint · liability · joint and several liability.

Related terms

Demand LetterA demand letter is a written request to the at-fault party's insurer asking them to pay a specific amount to settle your claim.DepositionA deposition is an interview under oath, held outside court, where the other side's lawyer asks you questions about the accident and your injuries.DiscoveryDiscovery is the stage of a lawsuit where each side has to hand over relevant information, documents and testimony, so both know the evidence before trial.Duty of CareA duty of care is a legal obligation to take reasonable care to avoid injuring other people.

General information, not legal or medical advice. Rules differ between US states, the UK and Canadian provinces, so check the law where your accident happened. How we write and check · Legal disclaimer