Advice On Car Accident Claims And Time Limits

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Car Accident Claim Time Limits Explained

By Stephen Hudson. Last Updated 20th June 2024. If you’ve been injured on the road, you may want to know what the car accident claim time limit is for getting compensation. If so, you can find the answers in this guide.

We also explain the time limits in respect of making a car insurance claim for damage or injury if no one else was at fault for the accident. We also explain the car accident claims process and how our specialist No Win No Fee solicitors can help you.

If you’d like to get a free eligibility check to see if you can claim compensation, please call us on 0800 073 8804.

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Select A Section

  1. How Long After A Car Accident Can I Claim Compensation?
  2. Are There Exceptions To The Car Accident Claim Time Limit?
  3. How Long After A Car Accident Can You Claim On Insurance In The UK?
  4. What Is The Car Accident Claims Process Like And Does The Time Limit Affect It?
  5. Do I Need Evidence To Prove I’m In The Time Limit To Claim?
  6. Claim For An Accident In A Car With A No Win No Fee Solicitor
  7. Useful Links

How Long After A Car Accident Can I Claim Compensation?

The car accident claim time limit is set out by the Limitation Act 1980. This piece of legislation states that all personal injury claims, including car accident claims, must be started within three years of the accident. However, there are some exceptions to this rule. We cover these in more detail later on in the article. 

The limitation period is only one qualifying aspect of your claim. In order to form the basis of a valid case, you also need to prove that another road user breached their duty of care towards you and that this caused you to suffer injuries. 

All road users owe each other a duty of care. This means that they have to use the roads in a way that prevents them from causing damage or harm to themselves and others. To uphold this, they are expected to comply with the Road Traffic Act 1988 and the Highway Code.

If another road user breached their duty of care, and this caused an accident that resulted in you being injured, you might be able to pursue a personal injury claim. Contact our team of personal injury specialists today to learn more, or read on to find out more about the car accident claim time limit.

Are There Exceptions To The Car Accident Claim Time Limit?

As we mentioned earlier, you have three years to start your personal injury claim under the Limitation Act. However, if your case falls outside of this limitation period, you may still be able to make a claim for car accident compensation. This is because there are some exceptions to this time limit.

For example, the limitation period is frozen for those who are injured while under the age of 18 and isn’t reinstated until they reach their 18th birthday. Then, it runs until they turn 21. If you are injured while under the age of 18, a litigation friend can start your claim on your behalf at any time while the time limit is frozen.

Similarly, the time limit is suspended indefinitely for those who lack the mental capacity to claim for themselves. In these cases, a litigation friend can claim on their behalf. If they regain the appropriate mental capacity, then the time limit will be reinstated on the date of their recovery.

Contact our team of advisors today to learn more. They can evaluate your claim for free and can answer any questions you may have, such as “How long after a car accident can you claim compensation?”

How Long After A Car Accident Can You Claim On Insurance In The UK?

The time limits for a claim such as this depend on your insurance provider; as such, the best way to find out how long you have to claim for damage to your car would be to contact your insurance provider.

However, if you were injured in a car accident, then you could also start a personal injury claim. As we have already mentioned in the section above, the personal injury claims time limit is set out by the Limitation Act 1980, which states that you will generally have three years to start a claim for compensation. However, there are certain exceptions that apply to this limitation period.

For more information on claiming for a car accident, contact our team of advisors today. They can answer any questions you may have about the claims process, and could potentially connect you with a personal injury solicitor from our team.

How Long After A Car Accident Can You Claim For Damage?

In order to claim for damage after a car accident, you have to take action within the time limit. Usually, the same three-year period applies if you want to claim for damage to your vehicle as it does claiming compensation for an injury.

What Is The Car Accident Claims Process Like And Does The Time Limit Affect It?

As discussed above the car accident claims time limit is three years from the date of the incident. What this means is that you have three years from that date to start the car accident claims process (unless one of the exceptions applies).

The personal injury claims process, known more formally as the Pre-Action Protocol can be complex. Depending on the value of your claim, if you are seeking compensation for your injuries, you will need to:

  • Inform the defendant that a claim is likely (this is the other party’s insurer) through a ‘Letter of Notification’.
  • Determine what medical treatment you require as soon as possible, along with the other party. An interim payment can be made for your medical treatment at this stage.
  • File formal notice with the defendant that a claim is being made in a ‘Letter of Claim’.
  • The defendant has 21 calendar days to respond to the Letter of Claim. From here, they have three months to investigate. These investigations are one of the reasons you should start the claims process as soon after the accident as possible. Additionally, your evidence will be needed during the process. As time goes by, some evidence, such as witness statements, may be more difficult to acquire.
  • Documents then need to be disclosed. This will provide clarity on the points of dispute or aid the resolution of the claim.
  • Additionally, both parties can instruct relevant experts to provide testimony on the points of claim, such as an independent medical professional to assess the extent of your injuries.
  • If the defendant accepts liability, a settlement offer may be made. Having a specialist road traffic accident solicitor can help you to negotiate to ensure that you are fully compensated.
  • The final stage of settling out of court is ‘Alternative Dispute Resolution (ADR)’. If a settlement isn’t agreed upon at this stage, the claim will go to trial.

Please note that the steps taken for lower-value claims are different. However, the limitation period remains the same. For more information, please speak to an advisor from our team.

Do I Need Evidence To Prove I’m In The Time Limit To Claim?

To make a valid car accident claim, you will need evidence that confirms the injuries you’re claiming for. You’ll also need evidence that another party breached a duty of care they owed you, and this contributed to the car accident that injured you.

Your evidence for making a car accident claim may include the following:

  • Any video footage available that shows the car accident, such as dashcam footage or CCTV footage.
  • Photographs of the accident scene and your injuries.
  • The contact details of any witnesses who can provide a statement about the accident at a later date.
  • Your medical records to confirm the injuries you sustained in the car accident.

To learn more about the process of claiming compensation, including gathering evidence or the car accident claim time limit, contact our advisors for free today. If our advisors determine you have a valid case, then they could connect you with one of our solicitors who may assist with collecting evidence.

Claim For An Accident In A Car With A No Win No Fee Solicitor

If you have strong grounds to make a claim for an accident in a car, then you could seek help from a solicitor. If you speak to our advisors about your claim, then they may connect you with one of our No Win No Fee solicitors.

One of our No Win No Fee solicitors may offer to support your car accident claim under a Conditional Fee Agreement (CFA). With this agreement in place, you won’t need to pay your solicitor any upfront or ongoing fees for their services. Furthermore, your solicitor will not ask for a payment for their services if your claim fails.

The No Win No Fee solicitor who supported your car accident claim will only take a success fee from your awarded compensation if your case has a positive outcome. This fee is taken as a percentage and is limited by the law. 

To learn more about claiming for a car accident with a No Win No Fee solicitor, get in touch with our advisors today. You can reach them by:

A solicitor shakes a client's hand after agreeing to help with the car accident claims process.

Useful Links

Below, you can find some useful links on car accident claims and the time limits involved when claiming compensation.

Other Personal Injury Claims Guides

We also have some other guides on time limits and car accident claims that you may find useful:

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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