Statute of Limitations – Motor Vehicle Accident

If you were injured in a motor vehicle accident prior to 1 December 2017, and you are not the at-fault-driver, time limits will apply if wish to make a claim for Statutory Benefits, such as treatment to help you recover and for payments to cover your time away from work, and/or damages for losses you have and will incur as a result of the accident.

Statutory Benefit
What are statutory benefits?
Treatment and care expenses relating to injuries from the accident, as well as weekly payments if, as a result of the injury, you suffer a loss of earnings.

Time limits to make a claim for statutory benefits
Unless you are mostly at fault or committed a serious driving offence related to the accident, you must make a claim for statutory benefits within 3 months of the accident, unless you fall under the exceptions.
To be entitled to a claim for weekly payments, you are required to make a claim for statutory benefits within 28 days of the accident.

Principal Limitation
The Principal limitation period for a claim to recover damages you have and will incur as a result of the accident is 3 years from the date of the accident. However, a claim for damages cannot be made before the expiration of 20 months after the accident, unless you fall under the exceptions.
It is imperative that you abide by the time limits if you wish to make a full and complete claim for the available benefits and damages that you may be entitled to following your motor vehicle accident.
Please contact our office if you wish to discuss further.

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