Don't wait too long - you could lose your right to compensation (claim becomes time-barred)
Your right to compensation from Trafikförsäkringsföreningen (TFF) ceases (the claim becomes time-barred) after a certain period if you have not reported damage or injury to TFF. The important time limits to remember are 3 years and 10 years.
Section 31 of the Motor Traffic Damage Act (SFS 1975:1410) contains the following provisions:
”Any party wishing to pursue his/her right to compensation under the terms of this Act or his/her right to any other claim under a MTPL-insurance agreement shall bring an action within three years from the date on which he/she became aware of the right to claim and, in any case, within ten years from the earliest date on which the claim could have been made. If he/she neglects to do so, the right to claim is lost.
If the party wishing to claim compensation has reported the damage or injury to the insurer within the time stated in the paragraph 1, he/she shall always have six months in which to bring an action against the insurer once the insurer has declared that a final position has been taken on the matter of compensation.
That which is stated in the second paragraph on the insurer shall, in cases referred to in Section 15, apply to the agency dealing with the matter of compensation and, in cases referred to in Section 16, apply to Trafikförsäkringsföreningen.”
The rules contain three important time limits:
1. If you have not reported your damage to TFF within three years from the date when you “became aware of the right to claim” you lose the right to compensation (your claim becomes time-barred). In most cases you discover the damage immediately when the accident occurs. In this case, you must report your damage to TFF within three years from the date on which the damage is sustained.
2. If you have not reported your damage to TFF within ten years from “the earliest date on which the claim could have been made” you lose your right to compensation (your claim becomes time-barred). The ten-year time limit runs from the date on which you discovered the damage, even if you did not at that time know that it was caused by the road traffic accident.
3. If you have reported damage within the time limits in points 1 and 2 above, TFF will inform you when your claim is settled. You then always have six months in which to bring an action against TFF in the Stockholm City Court. You may wish to do this if you have not received the compensation from TFF to which you consider yourself entitled.