Is it too late for me to claim?

I had an accident in June 2021 caused by a hit and run driver. I have been left with psychological problems which I did not have before. I have discovered that I could have claimed compensation for the injuries caused by the accident but when I recently called my insurer I was informed that I am too late to make a claim. This does not seem fair to me as I did not previously know that I could claim compensation. Am I really too late to claim?

Mark Brown, by email

Answer

The usual time limit to issue a claim at court for injuries and financial losses is 3 years. There are some exceptions, for example cases involving injured children. The 3 year time limit also applies to the Motor Insurers’ Bureau (MIB) for hit and run claims like yours.

Section 33 of the Limitation Act allows for the discretion of the court (or MIB) to dispense with the 3 year 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 year time limit. 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 could contact a specialist lawyer to discuss your potential claim further.