I am nineteen years old and I was involved in a road traffic accident when I was fifteen years old. My father was driving and I suffered injuries including a broken ankle. I have now developed arthritis in my ankle. My parents did not bring a claim on my behalf at the time. Can I claim against my father’s insurers now or is it too late?
Yes, you can bring a claim against your father’s insurers now. Under the Statute of Limitations one normally has two years from the date of accident to bring a compensation claim for personal injuries. However, where a child in injured in an accident, this ‘limitation period’ does not start to run until the child reaches eighteen years old. Accordingly, the injured party has two years after his or her eighteenth birthday within which to issue court proceedings in respect of injuries received as a child.
It is not uncommon for people to bring compensation claims for injuries arising out of injuries sustained as children. However, it is not recommended that children’s claims for personal injuries are left until a child reaches eighteen. A parent or guardian may bring a claim on behalf of a minor child at any time before a child reaches eighteen years. Any compensation award received will be invested in a special account by the Court. It will be released by the Court to the child when the child reaches eighteen.
Byrne Carolan Cunningham LLP Solicitors are Members of the Association of Personal Injury Lawyers. Our expert team of Solicitors are specialists in the area of personal injury litigation.