Is it too late to claim?
I had quite a bad accident in May 2018 caused by a hit and run driver. I was in hospital for a few weeks and have not fully recovered. I have been experiencing psychological symptoms which is not like me at all. I recently found out that I could have claimed compensation for my accident but when I tried to do so I was told that I have missed the deadline for claiming. This seems unfair as I had no idea I could claim. Could you give me some guidance?
James Clarke, by email
Answer
In England and Wales the usual time limit to bring a claim for injuries and financial losses is 3 years (Limitation Act 1980). There are some exceptions e.g. cases involving children. This time limit also applies to the Motor Insurers’ Bureau (MIB) for hit and run claims.
Section 33 of the Limitation Act allows a discretion for the court (or MIB) to do away with the 3 year limit in certain circumstances.
The test to apply is largely based around prejudice to the parties if a claim is allowed to proceed beyond the 3 year time limit. If the Defendant (or the MIB) is not prejudiced as a result of the delay – e.g. where all the evidence still exists – then the discretion may be applied. The right to a fair trial and proportionality also come into play.
Therefore if I were you I would contact a specialist lawyer and submit your claim.
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