car accident

wilser

hi
not sure if this is the correct place to put this...
would anybody know what time frame you have to claim for a car crash?
my wife and child where rear ended in july 05, is it now too late to do anything about it?
any help/info greatly appreciated

nava

wilser wrote: »

hi
not sure if this is the correct place to put this...
would anybody know what time frame you have to claim for a car crash?
my wife and child where rear ended in july 05, is it now too late to do anything about it?
any help/info greatly appreciated

Hi

Probably yes, unless the Garda came and took a report on it. Why did you not claim it at the time?

leeroybrown

If memory serves me correctly the Statute of Limitations gives you two years from the date of the accident/injury. It used to be three years but it was reduced a few years ago.

Black_Knight

wilser wrote: »

hi
not sure if this is the correct place to put this...

Probably the motors forum might get better feedback.
I myself am not sure

Murt10

wilser wrote: »

hi
not sure if this is the correct place to put this...
would anybody know what time frame you have to claim for a car crash?
my wife and child where rear ended in july 05, is it now too late to do anything about it?
any help/info greatly appreciated

From the PIAB (Personal Injuries Assessment Board )website

"How long do I have to make a claim?
Generally, the time within which you can bring a claim is strictly limited by law to two years from the date of the accident. There are exceptions to this for persons under 18 years of age and some other categories of cases. You are advised to have your completed Application sent to the Board as soon as possible and well before the expiry of the two year period."

http://www.piab.ie/howtomakeaclaim.html


Get on to them (the PIAB) and they will give you whatever help they can. I wonder what the certain other categories of cases are.

Also consult a solicitor. That's what they are there for.


Murt

Potential-Monke

The certain other categories are rape, sexual assault, possibly offences against the state, etc.

Two years is my understanding for normal/better-word cases.

leeroybrown

Also, as far as I remember the 'under 18' exception means that the Statute of Limitations applies from when the party turns 18 themselves to allow them to take a case personally.

Bob the Builder

wilser wrote: »

hi
not sure if this is the correct place to put this...
would anybody know what time frame you have to claim for a car crash?
my wife and child where rear ended in july 05, is it now too late to do anything about it?
any help/info greatly appreciated

Yep, that date appears to be outside two years. why didn't you report it sooner? (out of curiousity)

wilser

thanks for the replies
briefly, the other driver was not insured and our ins. co. told us that the claim would go thru the miab(i think) and take 3 years at least but we would get our claim sorted out eventually, in the meantime life just went on and we never went to a solicitor about it.

leeroybrown

wilser wrote: »

thanks for the replies
briefly, the other driver was not insured and our ins. co. told us that the claim would go thru the miab(i think) and take 3 years at least but we would get our claim sorted out eventually, in the meantime life just went on and we never went to a solicitor about it.

If it was an uninsured driver then MIBI sounds like the group in question.

This complicates matters. MIBI is a joint insurers fund that takes a portion of all premiums to cover accidents involving uninsured drivers. They payout from the fund to compensate the other parties then attempt to litigate directly against the uninsured driver to recoup the costs.

I'm far from an expert on the mechanics of these claims but it looks like either this is taking an inordinately long time or either MIBI or you Insurer has messed things up and dropped the ball on your claim. I would suggest that based on this the Statute of Limitations quoted above may not apply and you're looking to find out why you haven't gotten your MIBI payout, can you still get it and if not is it possible to litigate against the party who failed to see this through.

I would suggest that you contact your insurer about this given that they appear to have undertaken to process the claim and did suggest that it would take a very long time. Hopefully they'll be receptive and try to sort it out. If not then you'll need to talk to a solicitor to see if there is any avenue of recourse.

January

They didn't claim though leeroybrown, so it's not the insurance companies or the MIBI's fault. I think it is only two years, get onto your insurance company and ask them, they'd be able to advise you better than we would. You don't have to give your policy number or your name, just say you are insured with them and you are looking for information.

leeroybrown

I'm a bit late coming back to this but...

The OP talked to their insurance company. They leave the distinct impression above that their insurance company said that it would get sorted out. My reading of the above is that either the insurance company said that they would make the claim through MIBI themselves or the insurance company had no plan to do this but didn't make it clear that the OP had to make the claim themselves.

This discussion is largely academic at this stage anyway as the OP has probably talked to their insurer by now - something they should have done a long time ago.