If you’ve been injured in a car accident, you may be entitled to compensation—but you don’t have unlimited time to make a claim. In England and Wales, strict time limits apply to car accident claims, and missing the deadline could mean losing your right to compensation entirely.
Understanding how long you have to claim is crucial. Whether your deadline is approaching or you’re unsure whether you still have time, this guide explains everything you need to know. From exceptional cases to what happens if you miss the deadline, we’ll cover the key rules and help you take the right steps before time runs out.
What Is The Car Accident Claim Time Limit?
In England and Wales, there is a strict three-year time limit for making a car accident compensation claim. This is set out in the Limitation Act 1980. This means you must start your claim within three years from the date of the accident. If you miss this deadline, you may lose your right to compensation.
This time limit applies to claims for personal injury, including whiplash, fractures, or psychological trauma like PTSD.
If you are making a claim for vehicle damage only (without injuries), different rules apply—these are explained later in this guide. If you’re unsure about time limits, seeking legal advice early ensures you don’t miss your chance to claim.
Exceptions To The Time Limit
While the standard three-year time limit applies to most car accident claims, some important exceptions exist. These exceptions provide additional time for certain individuals, such as children or those who lack mental capacity, to pursue compensation.
If you were involved in an accident abroad, different time limits may apply depending on the country where the accident occurred. International claims can have much shorter deadlines, so acting quickly is crucial.
Since these exceptions depend on the specific circumstances of your case, getting legal advice as soon as possible can help clarify your options.
Here are some more details on the exceptions.
Under 18s
If a child is injured in a car accident, they cannot make a claim in their own name until they turn 18. However, a parent or guardian can act on their behalf as a litigation friend, allowing a claim to proceed before they reach adulthood.
If no claim is made while the child is under 18, they still have the right to claim up until their 21st birthday. This extended time frame recognises that children might not immediately understand the long-term impact of their injuries.
Compensation for minors is often held in trust and managed by the court to ensure it is used in their best interests. If your child has been injured in a car accident, seeking legal advice early can help secure their future.
People Who Lack Mental Capacity
If someone lacks the mental capacity to manage their own legal affairs—due to a brain injury, learning disability, or a condition like dementia—the normal three-year time limit does not apply. Instead, the time limit is paused indefinitely unless they regain capacity.
A loved one, such as a family member or close friend, can act as a litigation friend to claim on their behalf. If the injured person regains mental capacity, the standard three-year time limit begins from the date they recover.
These cases can be complex, and medical evidence is often required to confirm a lack of capacity. A solicitor can guide you through the process and ensure the injured person receives the compensation they deserve. If you’d like some advice, get in touch with us today by clicking the button below
My 3 Years Are Nearly Up, Can I Still Claim?
If your three-year time limit is approaching, it is still possible to start a claim, but you must act fast. Solicitors need time to gather evidence, request medical reports, and prepare legal documents before the deadline.
In urgent cases, a solicitor may issue court proceedings just before the time limit expires, allowing the claim to continue even after the three-year period. However, this should be a last resort—delaying a claim can make it harder to gather evidence and prove your case.
If your deadline is close, contact a solicitor immediately. Even if you’re unsure whether you have a case, getting advice now could make all the difference.
What Happens If I Don’t Claim In Time?
If you miss the three-year deadline, your claim will likely be time-barred, meaning you can no longer pursue compensation. The other party’s insurer can simply refuse to settle, and courts will generally reject claims made outside the legal time frame.
In very rare cases, courts may allow a claim outside the time limit, but only under exceptional circumstances—such as if you were unable to claim earlier due to severe illness or other serious reasons. However, this is not guaranteed, and you should never rely on this possibility.
If you think you might be close to missing the deadline, seek legal advice immediately. Acting now could mean the difference between receiving compensation and losing your right to claim altogether.
Can I Claim After 3 Years?
In most cases, you cannot claim after the three-year time limit has expired. However, there are exceptions, such as claims for children or people lacking mental capacity.
If you’re unsure whether you can still claim, a solicitor can review your case and confirm your legal options. The sooner you act, the better your chances of securing compensation.
How Long After A Car Accident Can You Claim For Damage To A Car?
If you are claiming for vehicle damage only, rather than personal injury, the rules are slightly different. You generally have six years from the date of the accident to claim for repairs, replacement, or other vehicle-related losses.
Unlike injury claims, car damage claims fall under contract law, as they involve insurance agreements rather than personal harm. This longer time frame gives you more flexibility, but it’s still best to claim as soon as possible—delays can make it harder to prove the cost of repairs or that the damage was directly caused by the accident.
Get Help With A Car Accident Compensation Claim
Now that you’ve learned all about the car accident claim time limit, you may be looking for legal help and support. If so, we’re just a phone call away.
Here at Car Accident Compensation Advice, our team of specialist solicitors possess decades of experiences handling cases of all varieties and complexities. We can help you get the compensation and justice you deserve.
To get started, just click the button below
