Talk

Advanced search

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Can someone be sued more than 5 years after car crash?

(10 Posts)
kid Sat 25-Jun-11 22:08:38

A friend of mine has received a letter from court informing her of the intention of suing her for a few thousand pound.
She had a car crash more than 5 years ago which was being dealt with by her insurance company.
As far as she is aware, her insurance company paid out for the repairs and that was the last she heard of it until today.

Apparently she us being sued for damages and interest.

Is it really possible that you can be sued after so long? The letter states damages not personal injury unless they mean the same thing?

She is really worried about it so I thought I'd ask here for advice on her behalf.

Btw, she doesn't know who her insurer was at the time but her bank are sending old statements so hopefully she can track down who she paid that year!

STIDW Sun 26-Jun-11 00:35:02

Someone can be sued more than 5 years after an accident. There is a 6 year limitation for compensation claims. That's why it's a good idea to keep important documents for at least 7 years.

Collaborate Sun 26-Jun-11 12:42:37

It's only 3 years though for the personal injury element. Contact the insurance company that paid out on the original claim. They'll have to deal with this one too.

LittlePushka Mon 04-Jul-11 00:18:37

I think that if the claimant was not 18 at the time of the incident then the limitation periods run from the time that they are 18.

moneyclaims4udotcom Mon 11-Jul-11 20:58:13

Message deleted by Mumsnet.

moneyclaims4udot Mon 11-Jul-11 23:49:29

as i said earlier, s33 Limitation Act ensures personal injury limitation is 3 years. You are safe and have a stone wall defence.

Amateurish Wed 13-Jul-11 08:48:10

PI claims can be brought more than 3 years after an accident in certain circumstances e.g. if the injury did not become apparent until a later date.

Property damage claims can be brought 6 years after an accident.

Your friend was insured so the claim should be paased immediately to the insurer - do not delay!

prh47bridge Wed 13-Jul-11 11:12:15

Indeed. It is s11 which limits claims for personal injury to 3 years, but even then it is from the date on which the injury became apparent if that is later than the date of the accident. s33 allows the courts to extend the time limit. So moneyclaims is wrong in every respect and the OP does not have a stone wall defence.

The quality of advice this person is offering is not a good advert for the website they appear to be promoting.

handsomelegalbeagle Wed 13-Jul-11 22:45:24

s11 agreed, but applying relevant equitable maxim...over 5 years in a RTA with no minor? come on...very unlikley...concrete wall defence:-).

NoMoreWasabi Wed 13-Jul-11 22:50:33

You can't possibly say "concrete wall defence" without knowing the claim. As others have pointed out, there are circumstances when you can legitimately be sued after 5 years, we can't possibly say whether this is the case here off what we know.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now