Am I out of time to claim?

I had an accident in August 2022 caused by a hit and run driver. My fractures healed but I have ongoing psychological issues – my wife says my character has really changed. I now know that I could have claimed compensation for my injuries and financial losses but when I spoke to my then insurance company they told me that I am out of time to make a claim. This does not seem fair to me as I did not know before that I could claim compensation. Can I still claim?
Simon, by email

Answer

The standard time limit to start a compensation claim at court is 3 years from the accident date. There are some exceptions, for example cases involving injured children where the clock starts to run when they are 18. The 3 year time limit also applies to the Motor Insurers’ Bureau (MIB) for untraced driver claims like yours.

Section 33 of the Limitation Act allows the court (or the MIB) discretion to dispense with the 3 year time limit under certain circumstances.

The test that will be considered revolves around any prejudice to the parties if a claim is allowed to proceed after the 3 years. If the Defendant is not prejudiced as a result of the delay, for example because all the evidence still exists, then the discretion may be applied. The right to a fair trial and proportionality are also considered.

You should contact a solicitor for detailed advice on your claim.