Car Accident Claims Time Limit Guide

In this guide to car accident claim time limits, we’ll look at what time limits apply in different circumstances and provide some information on how the claims process works and what you could be compensated for.

If you’re unsure whether you’ve got enough time to start a car accident claim, we can help. Our team will review your claim for free and let you know your options. If there is still time to begin a claim and your case is strong enough, we’ll ask one of our solicitors to talk to you. If they agree to represent you, your claim will be managed on a No Win No Fee basis meaning you won’t have to pay them unless you are awarded compensation.

To learn more about car accident claim time limits, please read on. Alternatively, please feel free to get in touch on 0800 6524 881 if you have any questions.

What Time Limits Apply To Car Accident Personal Injury Claims?

For most personal injuries from car accidents, a 3-year time limit will usually apply. This will often begin from:

• The date of your car accident; or
• In some cases, a later “date of knowledge”. For example, if it only became clear afterwards that you had suffered a significant brain injury linked to the car accident.

Can I Claim For A Car Accident After 3 Years?

Other than some exceptions described in a later section, it’s extremely important to file a claim within the 3-year timeframe. If a car accident claim is filed too late, it could mean you’ll not get any compensation you might otherwise be entitled to.

Our suggestion is that you contact us as soon as possible to see if you can still claim compensation. As well as checking your claim falls within the 3-year limitation period, your solicitor will check that:

• The other driver was negligent; and
• That negligence led to the car accident; and
• You sustained injuries in that accident.

If you believe you should be compensated for injuries sustained in an accident, please contact our team to double-check your options.

Are There Exceptions To The 3-Year Car Accident Claim Time Limit?

Although the law is quite clear on time limits, some scenarios can mean the limitation period could be extended. We’ll explain these over the next few sections.

Time Limits For Claims Involving Children Injured In A Car Accident

Understandably, a child cannot represent themselves in legal proceedings. This would seem to put them at an unfair advantage if the 3-year rule were to be applied. Therefore, if a child is injured in a car accident, their limitation period will not begin until they turn 18 years old.

However, a parent, guardian or responsible adult could become the child’s litigation friend and begin the claims process at any point before the child’s 18^th birthday. By doing so, the child could be compensated for their injuries before they become an adult.

Time Limits For Claimants With Diminished Mental Capacity

The litigation friend process could also be used to help claimants who don’t have the mental capacity to take action receive compensation for a car crash. If a claimant meets the criteria set out by the Mental Capacity Act 2005, somebody else could deal with solicitors on their behalf.

In this scenario, you could act as the claimant’s litigation friend until they are discharged i.e. they’ve regained their mental capacity to deal with their legal matters. In some cases, that means the 3-year car accident claims time limit will never apply and you could claim compensation on their behalf at any point.

Fatal Car Accident Claims Time Limits

As we’ve explained, if somebody is injured in a car accident, they will have 3 years to claim compensation for their injuries. However, if they were to pass away within 3 years, it might be possible for the executor of their will to begin a claim for a fatal accident on behalf of the deceased and any dependents. The 3-year limit would begin from the date the deceased passed away or from when the executor of the will found out about their death.

We’re here to help if you or a loved one has been injured in a car accident and would like to begin a claim. Please feel free to call 0800 6524 881 with any questions you might have.

Can The Time Limit For Car Accident Claims Be Extended?

Some leeway is given to courts to extend the limitation period in personal injury claims if the claimant can prove that exceptional circumstances prevented them from claiming sooner.

Proving that this is the case can be very tricky and the defendant could contest the extension in the Court of Appeal even if you win the initial contest. Therefore, to try and avoid long and complex court interventions, we’d suggest calling our team as soon as possible to try and begin your claim within the relevant timeframe.

What Evidence Will Support A Car Accident Personal Injury Claim?

If your car accident claim is made on time, your next step will be to prove how you were injured and who was at fault. The types of evidence that could improve your chances of being compensated include:

• Photographs of the accident scene to try and prove how the car accident happened.
• Medical records from the hospital or doctors’ surgery that treated you.
• Independent witness statements to confirm how the accident occurred.
• CCTV or dashcam footage if the accident was recorded on camera.
• Details about the other driver, their vehicle and their insurance policy.

Although gathering evidence can be time-consuming, it can make all the difference between winning and losing your claim. If you’d like us to review any evidence you’ve managed to collect so far, please call one of our specialist advisors.

What Compensation Could Be Paid Following A Car Crash?

Now let’s take a look at what you could be compensated for if your claim is made on time and is won. Your settlement could include compensation to cover:

• Any physical or mental suffering caused by your injuries.
• Loss of amenity (a negative impact on hobbies, family life and social activities).
• Loss of earnings.
• Care costs.
• Medical expenses.
• Travel costs.
• Future loss of income.
• Replacing personal items damaged in the car accident.
• Mobility aids or home adaptations to help you deal with any ongoing disabilities.

We can’t say how much compensation you’ll be paid in this guide but your solicitor will give you some idea once your case has been reviewed in more detail. However, our compensation calculator will give you some idea about how much might be awarded for a range of different injuries.

Please note that a medical assessment is typically required for a car accident personal injury claim to help to determine the severity of your injuries. This will be conducted by an independent specialist who’ll examine you and spend time discussing how your injuries have affected you.

Can You Start A Car Accident Claim Close To The Time Limit?

If you’re approaching the three-year limit, it’s still worth getting legal advice. A car accident solicitor may be able to get your claim started in time but don’t delay as some important steps need to be taken first, such as:

• Reviewing your case.
• Gathering evidence.
• Arranging a medical assessment.

The earlier you start, the better. Even if you’re not 100% sure you want to claim, speaking to one of our claims advisors now could save you a lot of stress later.

Do I Need A Personal Injury Solicitor To File My Claim?

While using a personal injury solicitor to file a claim isn’t a legal requirement, we believe it’s often better to do so especially if you’re close to the 3-year time limit.

A No Win No Fee accident solicitor on our team could provide vital assistance by:

• Gathering evidence. Our solicitors know exactly what evidence will be needed to support your claim. They could also help collect evidence if it’s difficult for you to do so yourself.
• Negotiating with insurers. Car insurers may try to settle claims quickly and for less than you deserve. A solicitor can handle negotiations and ensure that any compensation offers fully reflect the severity of your injuries and financial losses.
• Meeting tight deadlines. If you’re nearing the end of the 3-year time limit, a solicitor can work quickly to prepare your claim, making sure that all necessary documents are submitted on time. Starting the process early is always best, but a solicitor can still assist even when time is limited.
• Handling complex cases. Claims involving multiple parties, hit-and-run drivers, or serious long-term injuries can be challenging. A solicitor with experience in RTA claims can provide the expertise needed to guide you through these challenges.

Although you can file a claim on your own, having a solicitor ensures that your claim is handled correctly.

Speak To Us About Car Accident Claim Time Limits

If you’re thinking about claiming compensation but unsure of the time limit, our friendly team is here to help.

You can call us on 0800 6524 881 for a free, no-obligation consultation. A claims advisor will assess your case for free, explain your options clearly, and if your claim is strong enough, connect you with one of our experienced No Win No Fee solicitors.

Prefer not to call right now? You can also fill out one of our simple forms to request a callback or use our live chat service to speak with an advisor at a time that suits you.