Legal time limit to make a claim on a small car accident?

Stickjesus

Apologies if this is the wrong thread.

I was involved in a small fender bender several months ago (entirely my fault). The damages were looking at around the €600 mark so I though it best to deal with it myself and keep my no-claims. After this, we exchanged a few emails and texts as regards the best price in her region and when she will go for it. She said she would get back to me when she made her final decision.

It has been several months since then and I was wondering if there are any legal limits to which she could come looking for a claim as anything could have happened to her car since then. I took photos on the day so I have evidence of the damage but I'm still not sure.

Thanks in advance

MarkAnthony

IIRC two years, might be six.

Delay may cause issues before the time laid down the the statute of limitations.

galait

Stickjesus wrote: »

Apologies if this is the wrong thread.

I was involved in a small fender bender several months ago (entirely my fault). The damages were looking at around the €600 mark so I though it best to deal with it myself and keep my no-claims. After this, we exchanged a few emails and texts as regards the best price in her region and when she will go for it. She said she would get back to me when she made her final decision.

It has been several months since then and I was wondering if there are any legal limits to which she could come looking for a claim as anything could have happened to her car since then. I took photos on the day so I have evidence of the damage but I'm still not sure.

Thanks in advance

2 years I think , If I were you I would be expecting Personal Injury claim...

Peregrinus

Generally she (or her insurer) has two years from the date of the accident to issue court proceedings.

the_syco

Stickjesus wrote: »

After this, we exchanged a few emails and texts as regards the best price in her region and when she will go for it. She said she would get back to me when she made her final decision.

Did you notify your insurance, and if so, did you ask them to tell you if she claims? I ask as she could have gotten tired with dealing with you, and dealt with your insurance company directly.

Stickjesus

@galait - No personal injury claim. Just a slight scrape against the side of her bumper that left a small dent. (Fancy ass, sporty car with an expensive bumper)

@the_syco - I wasn't aware at the time that just reporting the incident wouldn't affect my no-claims and now it is a bit too late so that may be an issue. My insurance company hasn't been in contact with me at all and things between us were on fairly reasonable terms considering the circumstances so I reckon she'd contact me before making any kind of decisions like that.

Thanks for the help

Does anyone know if it's 2 years since contact with the person or 2 years since the incident? And does anyone know where to find official documentation on the whole 2 year thing?

coylemj

the_syco wrote: »

Did you notify your insurance, and if so, did you ask them to tell you if she claims? I ask as she could have gotten tired with dealing with you, and dealt with your insurance company directly.

If she notified the OP's insurance company with a view to a claim, they'd have been straight on to the OP asking for details of the accident.

Equally, if she was going to make a personal injury claim, it's pretty certain that at this stage she'd have engaged a solicitor and the OP would be filling out a report for his insurance company.

Pat Mustard

Statute of Limitations, as amended.

Generally six years from date of cause of action for tort claims such as negligence (causing car damage by negligence, etc.). The date of the cause of action for car damage is generally the date of accident.

The limitation period for personal injuries (excluding injury from assault) is the longer of 2 years from date of cause of injury (date of accident) or two years from the date that the plaintiff had actual knowledge that he had sustained a serious injury.

It is possible that a person might walk away from a car accident and think themselves uninjured, then begin to experience pain weeks later and an MRI might then disclose spinal injury.

The above is a general summary of the law surrounding these limitation periods but there is a lot of caselaw and entire books dedicated to this subject.

NUTLEY BOY

Generally, the time limit for issuing proceedings for property damage only is 6 years from date of accident.

It sometimes happens that people do not notify insurers if it is a minor matter and they don't want to "put it through insurance". Always a bad idea for exactly the reasons mentioned in the posts above.

It is a condition of your policy that you notify any accident that might give rise to a claim.

If it is still in force failure to notify an accident to your insurers is an offence under S. 71 RTA 1961. Link : www.irishstatutebook.ie/1961/en/act/pub/0024/sec0071.html#sec71

What are you going to do at the renewal of your policy ? The duty of disclosure arises at every renewal. Even though you may renew automatically and not fill in a form you are engaging in the act of non-disclosure by remaining silent at renewal.

If it is still in force misrepresentation is an offence under S. 64 of RTA 1961. Link : www.irishstatutebook.ie/1961/en/act/pub/0024/sec0064.html#sec64 .

If you have an accident and you don't want to involve your insurers financially you should still notify them and indicate that you intend to wish to deal with it yourself with their agreement. This way you cover your ass if the friendly arrangement with the other motorist turns sour.

Generally, it is a very bad idea not to notify your insurers as you can walk yourself in to a right mess that can affect future insurance quotes for a range of reasons.