how long after car accident for civil claim

maggiecon

Sorry if this not the correct forum for this post but I was just wondering if someone could help me.

I was in a car accident in December 2010, really icy conditions and my car sailed down a hill into another car I had to just sit their and let it happen as road wasn't gritted and it was a narrow country lane with little room to pass. My insurance company refused to pay and the driver of the car claimed £10k for whiplash through civil claim.

It was due up in court on Nov 2011, then Jan 2012 and then April 2012. Each time I got letter from court saying the claimant hadn't filed their certificate of readiness and case has been postponed.

After the letter in April 2012 I have never heard anything about it since, except I got a bill from their solicitor about 6 months.

I was just wondering if they now wanted to pursue the claim can they still go ahead or has the period of limitations passed, I know it is something like 3 years to start a claim, but what about if you start a claim and then let it lapse for a couple of years?

*Scarlett

Why did your own car insurer refuse to deal with this as you would normally ask them to sort these things? That's what you pay your insurance for. Do you have any cause for complaint with them for not settling this claim?

Unfortunately I don't know the legal time frame limits for a civil claim but hopefully someone else will be able to help you.

trailingspouse

I think it is 3 years from the point at which you discover that you have an actionable case. In the case of a child it would be 3 years after their 18th birthday, for example.

I'm sure Citizen's Advice would be able to answer the specifics of your case.

Quentin

The 3 years to start a claim is irrelevant now.

The case will proceed when the claimant is ready. Presumably still not certain of the final outcome.

Crazy_Jamie

Limitation in personal injury claims is three years from the date that the cause of action accrues and the Claimant has knowledge of that fact. In practice for road traffic accidents it will be the date of the accident. However, the limitation period simply means that claims have to be issued within three years. If the court is involved and the case has already been listed on a number of occasions the claim will have been issued, in which case no time limits apply at this stage.


It is unclear from your post what stage the claim is currently at. From what you've said the last court hearing was over two years ago. Adjournments do happen in personal injury litigation, but delays of that length are highly unusual except in cases of catastrophic injury.


I assume at this point your insurers or their nominated solicitors are dealing with the claim, in which case it might be worth giving them a ring to find out what's going on. Liability appears to be disputed on the basis that you were not negligent because there was nothing you could reasonably do to avoid the collision, in which case you will be required to attend court to give evidence. Have you signed a witness statement for the case yet?

vaio

As above, if the final outcome isn't known then the case can't proceed, on the other hand, if there is no valid reason for the delay then you could apply to get the case dismissed.

I'm guessing this is the follow on from https://forums.moneysavingexpert.com/discussion/comment/39552612#Comment_39552612 in which case I'm surprised the insurers aren't involved given their potential liability under s151

fridgeracer

a cyclist rode himself into the side of my car and although it was not my fault i still lost no claims and had to pay a higher premium for 1 year.

however, he could have still apparently taken me to court over it, and my insurer at the time told me it was 18 months he had to make a claim against me. not 3 years.

geri1965_2

fridgeracer wrote: »

a cyclist rode himself into the side of my car and although it was not my fault i still lost no claims and had to pay a higher premium for 1 year.

however, he could have still apparently taken me to court over it, and my insurer at the time told me it was 18 months he had to make a claim against me. not 3 years.

Then they are talking utter nonsense, unless it was already 18 months since the accident and they meant he had another 18 months left.