Those who have been involved in a car crash may be able to initiate road accident compensation claims proceedings in order to secure financial redress for their suffering and losses.
If road traffic accident victim was the innocent party in a collision it is extremely likely they will have grounds to start the compensation claims process but only if they are within the time limit.
There are restrictions outlined in the Limitation Act of 1990 which relate to claiming personal injury compensation following a road traffic accident. Road accident compensation claims must be started within three years of a negligent act causing harm to a person – in the case of car accident claims, this is three years from the date of the accident occurring.
Under the Limitation Act of 1990, it is stated that an injured party has three years from the date of their accident to make a personal injury claim – this means that the claim either has to have been settled within this time or that legal proceedings must have been issued within a court of law before this time.
In terms of road accident compensation claims, as with other types of personal injury claim, there are exceptions to this time limit rule which may mean you can make a claim if an accident was some time ago. A court may use their discretion to extend the time limit if any of the following apply:
• The injured party is suffering from a mental illness or injury which means they could not have been reasonably expected to initiate legal proceedings within the time limit.
• The injured party was under the age of 18 when a negligent act caused them to sustain an injury – in this event they have until the age of 21 to pursue a claim.
If you believe you are out of time to make a claim you should seek legal advice immediately as a solicitor may be able to help you invoke a clause who could rescue your case if it is over 3 years old.
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