Understanding time limits for making a road traffic claim is important to ensure you don’t miss out on claiming the compensation you deserve. Taking a road trip abroad? Time limits for making a claim vary between the UK and different European countries.
In Scotland, you generally have three years from the date of the accident to make a claim. The time limit is set out in Section 17 of the Prescription and Limitation (Scotland) Act 1973. It is important to note that there are some exceptions to the rule. For example, for children the three-year time limit starts from the date of the child’s 16th birthday.
The following table summarises the various time limits to be aware of in the UK and in European countries:
|
Country |
Time Limit |
|
United Kingdom |
3 years - from the date of the accident. Note there are exceptions for people with mental incapacity and children. For children, the time limit runs from child’s 16th birthday in Scotland and from child’s 18th birthday in England, Wales and Northern Ireland. |
|
Ireland |
2 years – from the date of the accident. For children, the time limit runs from the child’s 18th birthday. |
|
France |
10 years – from the date of ‘consolidation of the injuries.’ This means from the date you know your injuries are not going to get any worse. |
|
Germany |
3 years - from the end of the year in which the accident took place. |
|
Spain |
1 year - from whichever of the following is the latest: (1) the date of the accident; (2) the date from the conclusion of criminal proceedings (where applicable); and (3) the date of ‘stabilisation of the injuries.’ This means from the date where a final medical opinion can be formed regarding the extent of the injuries sustained. |
|
Italy |
2 years - from the date of the accident. |
|
Netherlands |
5 years - from the date the injured party becomes aware of their injury and the other party to be responsible for those injuries. |
|
Belgium |
5 years - from the date of the accident. |
|
Portugal |
3 years - from the date of the accident. |
|
Sweden |
10 years - from the date of the accident. |
|
Poland |
3 years - from the date the date of accident. |
Practical steps to take after a road traffic accident whether it occurred in UK or abroad:
- Exchange details with other drivers involved – Share insurance details and obtain their name, phone number and postal address to ensure they can be contacted.
- Ingather evidence – collect details of any witnesses, take pictures of the vehicles involved and of the precise location the accident took place and take a detailed note of what happened.
- Report the incident – Notify police and obtain a reference number. Don’t forget to inform your insurance company as soon as possible. Failing to do so could have implications on your insurance policy.
To discuss your case with a member of our dedicated team, call us today on 0800 988 8082 or complete our online enquiry form and we will get back to you right away.
