Is there a statute of limitations on personal injury claims?

[james robertson]

I don't know if you can help answer my question, but if you can I would be grateful if you could.

In August 2013 my car was hit by a cyclist who destroyed the wing mirror but nothing else he had a bloody nose but nothing worse. The insurance company has heard nothing from the cyclist so far but my company (it's a company car) have withheld my £500.00 excess. I heard but wanted to check is there a statute of limitations on a possible claim by the cyclist against me and if so how long until I get my £500.00 pound back! (it was his fault)

Thanks in advance

[des8]

Re: Is there a statute of limitations on personal injury claims?

Three years

[hellengeek]

Re: Is there a statute of limitations on personal injury claims?

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[hellengeek]

Re: Is there a statute of limitations on personal injury claims?

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[james robertson]

Re: Is there a statute of limitations on personal injury claims?

Thanks that's what I heard, that's on the cyclist claiming from me for his bloody nose.... what about me on the £500.00 excess retained by my firm? do I have to start proceedings against them with in that time limit? (it's their insurance)

Regards

[des8]

Re: Is there a statute of limitations on personal injury claims?

Not knowing what your contract says about this retention of the excess makes it a trifle difficult to comment.
However it would seem fair that if you have agreed to the retention it should only be held whilst there is a legal window in which that claim which prompted the retention can be made.
In other words, in this case when three years after the incident have expired that retention (plus interest?) should be returned to you.

[james robertson]

Re: Is there a statute of limitations on personal injury claims?

Thanks Des8, the retention is money collected over a number of weeks, held by the company as the 'insurance excess' over any claim that you might as a driver have against you. in this case over twenty weeks they collected £500.00 at £25.00 per week. now obviously I knew all about the incident and filled in an accident form at the police station, and the insurance company forms as well, they took the money pending the outcome of any claim arising. However they haven't, even when asked, provided me with any information as to the situation of the case or if indeed they have heard anything from the cyclist since the incident.

They would have no legal reason to hold onto the excess if there is no claim after the three year limit, and of course it is my money. so what i'm trying to ascertain is do I have to start a claim against my company before this anniversary or lose any chance to sue them for the return of my money in future?
What is worrying me is the fact that they are not providing me with any answers to my e-mailed questions. there is now less than two months to go before the anniversary arrives.

Regards

Dan

[des8]

Re: Is there a statute of limitations on personal injury claims?

My reaction is to wait until the three years is up, and then obtain written confirmation from the insurance company that no claim had been received from the cyclist.
You should be entitled to this info, as it is something you would have to declare to future motor insurers.
When you have that info you could then request return of your money from your employer.
You would have 6 years in which to initiate court action, if that became necessary!

[james robertson]

Re: Is there a statute of limitations on personal injury claims?

ok that's the piece of info I was after, 6 years not 3!
as I have no imminent deadline I will do exactly that.

thanks

[des8]

Re: Is there a statute of limitations on personal injury claims?

Your 6 years commences on the day the money is due to be returned to you

[charitynjw]

Re: Is there a statute of limitations on personal injury claims?

Ooops!

Sorry, wrong thread