Car Accident

jen1649

Hi,

This is my first post and I’m looking for some advice. I had a car accident 3 and 1/2 years ago. I was turning into a junction and a car tried over taking me and drive into my drivers side of the car. I had my two young children in the car but they were ok. I’ve since been diagnosed with slipped discs and degenerative disc disease that has been accelerated due to the accident. 

I’ve put in a claim and this has been ongoing and is still not resolved due to the third party dragging their feet and not responding. My insurance solicitors only got their version of events this year!

My query is, is there a time limit that this should be completed by? It’s been referred to court but this is becoming very soul destroying. The third party barely did any damage to their car due to it being a 4x4 and mine a little 3 door car was written off. Obviously the third party has moved on but my life has been stuck due to not being able to afford a new car as of yet as I’m waiting for the car insurance pay out and my injury to my back. 

A friend of mine suggested that I look into suing them for dragging this out for this long. It doesn’t look like it’ll be solved anytime soon either. Is she right? Should I look into suing or just leave it? 

Thank you if you got to the end of this!

DUTR

Unless your friend is a qualified legal rep , then do not listen to their advice on this matter, these things take time to resolve, and whilst you still have an injury the claim will more than likely not close until afterwards (from experience).

foxy-stoat

https://www.citizensadvice.org.uk/law-and-courts/personal-injuries/

Looks like court proceedings have to be made within 3 years of when you are aware of the injury.

Has your insurers not paid out on your car?  You should of been able to buy another one by now, or have you been walking/taking the bus for 3.5 years?

Car_54

foxy-stoat said:

https://www.citizensadvice.org.uk/law-and-courts/personal-injuries/

Looks like court proceedings have to be made within 3 years of when you are aware of the injury.

They have to be started within 3 years. They can take forever to complete.

Sandtree

The law of limitations in England and Wales requires that court proceeds are issued within 3 years for injury claims for an adult however once the litigation has commenced there are only certain procedural limits in terms of filing certain paperwork but beyond that they can take as long as they need until either a) you're fully healed or b) the future prognosis is certain.

Your legal representatives will be the ones to advise you on the timeline and at what point they want to move forward to a hearing.

lesalanos

The car and personal injury claims should be separate.  You should have been paid out for the car 

KimJongUn88

Unless someone has issued proceedings for your claim within three years post accident, you're out of time and out of luck.

Sandtree

KimJongUn88 said:

Unless someone has issued proceedings for your claim within three years post accident, you're out of time and out of luck.

jen1649 said:
It’s been referred to court but this is becoming very soul destroying.

If a solicitor messes up and misses the limitation window that isnt just being "out of luck" however I would argue that the OP's original statement above would mean proceedings have already been issued as there is no other way to "refer to court" than by issuing.

Ditzy_Mitzy

Would this be the sort of accident where the fault lies with both parties?  The driver of the 4x4 had a responsibility to ensure that it was safe to overtake, granted but the OP also had a responsibility to check that she wasn't being overtaken prior to turning right.  Perhaps that has complicated the claim.  I'm sorry, however, to hear of what has happened to the OP and wish her all the best with her back - slipped discs are horrible.