How Important are Insurers in Compensating Claims for Personal Injury in the U.K.?

To what extent does the institution of insurance influence a system of compensation for personal injury? On the one hand, some academics have suggested that insurance has been no more than a “makeweight” argument in the development of tort liability. On the other hand, others have claimed that insurance has had a substantial effect, even if this is often hidden or not discussed openly. This article lends support to one side of the debate by describing the enormous importance of insurers to personal injury litigation in the United Kingdom. It argues that all cases, in their wider context, have been affected by the practices of insurance companies. This is the case even though insurance is rarely mentioned by judges and largely ignored by textbooks on tort law. Insurers provide the lifeblood of the system.