How Long After A Car Accident Can You Make A Claim

In the United Kingdom, and through the Limitation Act 1980, there is a strict time limit in place to which you must bring forward a personal injury claim.

Under the Limitation Act 1980, you have three years from the date your accident happened or from the date your injuries first became clear to make your claim. The date your accident happened or the date your injuries first became clear is known as your Date of Limitation, or your Date of Knowledge. After three years has passed, unfortunately you will not be able to bring your claim forward, because it will have been statute-barred or time-barred.

This three-year limit on personal injury claims is imposed to prevent fraud, and to prevent historic claims from crippling the insurance industry. Because of this, you should bring your claim for accident in UK forward as soon as possible to prevent losing out.

Can the three-year limit be extended?

Yes, however only under exceptional circumstances and by a judge within a court.

Historic claims, i.e. claims that are over three years’ old, must be presented to a judge to be reviewed. The judge will decide whether or not your case justifies a new Date of Limitation, based on the circumstances surrounding your case.

A judge may agree to extend your Date of Limitation, for example, if your health has seriously deteriorated since your accident happened and providing that the deterioration can be linked to your accident. Or, they may agree to extend your Date of Limitation if you have been seriously affected financially because of your accident.

What if I am the loved one of a deceased person?

In the unfortunate event that you want to make a claim on behalf of somebody who has passed away as a result of an accident or their injuries, you have three years from the date of death or from the date that the deceased’s passing was linked to their injuries or illness to make your claim. You should seek specialist legal advice under the circumstances.

What if the victim is a minor?

If you are the parent or the legal guardian of a minor injured in a car accident, then you can bring a claim forward on their behalf any time before the date of their 18th birthday, which is the date that they become an adult under UK law.

Or, if you are reading this as the victim and you were injured as a minor in an accident, you have three years from the date of your 18th birthday to bring your personal injury claim forward under the Limitation Act 1980. So, you have until your 21st birthday to bring your accident claim forward, after which your claim will become statute-barred or time-barred.