almost 3yr old injury claim

technoflare

Got a letter today from a person (work colleague) I was giving a lift to almost (within a few days) 3yrs ago. She is claiming whiplash and injury to wrists. At the time she had no problems and did not go to hospital. At the time I claimed for the crash, it was my fault, and the injury to the other persons car. Paid out, case closed. Now, I have different insurer, and this is the first I have heard from her. There where other passengers, but noone claimed anything more than just a broken phone.

Whats likely to happen and what should I do?

Cheers

no-oneknowsme

You need to get in touch with the company who insured you at the time of the accident.

Any correspondence you receive from the work friend or anyone acting on her behalf on this matter you should pass onto the insurer to let them deal with the matter on your behalf.

She is perfectly within her rights to claim for personal injury (even after 3 years) and it will now be up to your insurer to deal with things.

InsideInsurance

Not after 3 years, the statute of limitation gives her 3 years to claim from the date of knowing (the date she knew she was injured or the date she knew who caused the injury, which ever is later). For non-injury claims the limitation is 6 years.

The rest of the advice was correct and you should contact your previous insurers to advise them you've received it and then forward it to them unanswered.

Yorkie1

Bet the letter is just a few days within the 3 years ...

Quentin

Yorkie1 wrote: »

Bet the letter is just a few days within the 3 years ...

You not a risky gambler then?

From the OP:

I was giving a lift to almost (within a few days) 3yrs ago

But it's immaterial - as long as you claim within the time allowed.

chanz4

bet shes strapped for cash

vaio

I thought the three year limit applied to actually issuing the court papers rather than just sending a letter.

sarahg1969

vaio wrote: »

I thought the three year limit applied to actually issuing the court papers rather than just sending a letter.

Yes it does, but there are exceptions. It's unlikely that this is the case here.

They'd better get a move on getting their evidence together if they want to issue within the time limit. They may just issue a summons to stay within the time limit, however, and serve the full particulars later on.

Crazy_Jamie

InsideInsurance wrote: »

Not after 3 years, the statute of limitation gives her 3 years to claim from the date of knowing (the date she knew she was injured or the date she knew who caused the injury, which ever is later).

vaio wrote:

I thought the three year limit applied to actually issuing the court papers rather than just sending a letter.

sarahg1969 wrote:

Yes it does, but there are exceptions. It's unlikely that this is the case here.

All correct, though for the sake of completeness it is worth mentioning that there is nothing physically stopping someone from issuing a claim for personal injury outside of the three year time limit. Claims are not automatically barred, and it will be up to the Defendant to to plead limitation and for the Court to hear arguments on limitation if appropriate. The Court has a discretion in personal injury claims under section 33 of the Limitation Act 1980 to disapply the primary limitation period. As such even if this claim is issued outside of the three year time limit, it doesn't necessarily mean that the claim will be struck out.

vaio

just out of interest, how old is the injured party?

Crazy_Jamie

vaio wrote: »

just out of interest, how old is the injured party?

Excellent point that is well worth clarifying. The three year limitation period doesn't run for children. So if the injured party was aged under 18 at the time of the accident, they have three years from their 18th birthday to bring a claim.