Time limit on claims against a person?

[DanL]

Hi all,

I've just read an e-mail from a friend of mine. She had an accident 2.5 years ago - swerved to avoid a car on a wet road, lost the back end and ended up crashing into a speed limit sign. She claimed on the insurance, and was under the impression that everything was dealt with.

my friend said:

The police sent the council a report to say there had been an accident there and said may be damage to the post. The council wrote to me in the February 2005 saying they were investigating the damage to the 40mph sign, and would send an invoice if anything was found. I had to send them diagrams everthing to do with the accident, and heard nothing more.

However, she's only just heard from the council, who are after money for the sign she damaged and details of what happened. Apparently in the intervening two and a half years the reference numbers for the case have changed, and the sign they're claiming she damaged has changed in their description to a "lit sign" (which is presumably more expensive to fix).

She's getting quite stressed about this - I've told her that her insurance will cover the cost, but she's worrying anyway.

Any thoughts? Surely two and a half years later is taking the mick a bit? I assume (and I'll check) that she's already paid out for fixing the sign anyway...

Dan

Edited by DanL on Sunday 29th April 00:05

[R_U_LOCAL]

There is a three year limit for personal injury claims, so I don't see why it should be any different for damage.

And yes, her insurance should cover her for the cost of the damage.

[BliarOut]

If claim numbers and sign description have changed it's not the same incident, surely?

Are they going after her for someone else's damage I wonder.

[DanL]

I did wonder if files had got a bit mixed up... Something else that's just crossed my mind is - if she's changed insurers since the accident, who would pay out? Is it the company she was with at the time (who presumably fixed the car), or whoever she's with now?

Cheers for the help!

Dan

[justinp1]

DanL said:

I did wonder if files had got a bit mixed up... Something else that's just crossed my mind is - if she's changed insurers since the accident, who would pay out? Is it the company she was with at the time (who presumably fixed the car), or whoever she's with now?

Cheers for the help!

Dan

It should be her insurer at the time of the incident.

I would pass on everything to the insurer and inform them that it was not a lit sign etc, and let the insurance company and the council fight out a settlement.

There really isnt a need for her to think or worry about it further.

[tps]

She's getting quite stressed about this
As said above by justinp1 it is between her insurance company at the time to sort out and the council.She should not bother about it just pass the letters etc onto the insurance company but possibly keep a copy of all letters for her own records.

[7db]

I think the limit is 6 years for a financial claim from an accident, other than personal injury, which is 3 as Reg says. Clock starts from when you would reasonably have known that the damage had occurred.

[DanL]

Oh well, there goes the hope that she can just tell them to get stuffed! Cheers for the responses, I've passed them on.

Dan

[DanL]

Just a quick update - it seems the council have made a mistake. They've written to my friend apologising, and have said that the matter is now closed.

Cheers for your help,

Dan

[Red Devil]

DanL said:

Just a quick update - it seems the council have made a mistake.

Well well, there's a surprise.......!