Have you or a loved one been involved in a car accident and are seeking car accident compensation. Do you know that there are strict time limits that apply when seeking car accident compensation whether you are a driver, passenger or pedestrian.
If you have sustained an injury in a car accident generally you have only three (3) years from the date of an accident within which to issue proceedings in Court. If you do not do so then you could lose your rights forever and be prevented from claiming (“statute barred”).
You should also be aware that before you can issue proceedings in Court you must first comply with “pre-Court” notification and other procedures pursuant to the Motor Accident Insurance Act 1994 (“MAIA”).
A “Notice of Accident Claim Form” must be given to the CTP insurer of the vehicle at fault. Generally this must be done within nine (9) months of the accident or within one (1) month of retaining the services of a solicitor.
In circumstances involving an unregistered or unidentified motor vehicle the time limits are very strict and a notice must be given to the Nominal Defendant within three (3) months. The Nominal Defendant is a government body that takes the place of the CTP insurer in circumstances where the “at fault” vehicle is either unregistered or unidentified.
If pre-court procedures have not been completed and the three (3) year limitation period is drawing near an application must be brought within the limitation period before a Judge. The Judge may make orders allowing proceedings to be filed outside the three (3) year period once pre-court procedures have been completed.
Failure to lodge the Notice of Accident Claim form and follow other procedures within time can jeopardize a claim. There are also many other time limits that can jeopardise a claim if not complied with.
At Splatt Lawyers we can help you if you were injured as:
the driver of a vehicle involved in an accident
a cyclist or motorcyclist injured by a vehicle
a passenger of a vehicle that is involved in an accident
a commuter injured on public transport
As can be seen time limits under the legislation are complex and can be fatal to a claim if not complied with. It is best not to delay and receive legal advice.
It is best not to delay. Protect your rights and contact us or call our Accident Compensation Advice helpline on 1800 SPLATT (1800 775 288).