Don’t wait too long to report a claim
Your entitlement to compensation ceases (statutory limitation) after a certain amount of time unless you have reported your claim. The legal provisions can be found in Section 31 of the Motor Traffic Damage Act.
How long do you have to report the claim?
This depends on when the claim arose or when you discovered the damage or injury.
- The date of the accident or date when damage was discovered was before 1 January 2015
You have three years to report the claim. - The date of the accident or date when damage was discovered was on or after 1 January 2015
You have ten years to report the claim.
What is the nature of your claim?
If you have a parking claim and your vehicle was covered by a vehicle damage guarantee when the claim was incurred the report should be made within 90 days to the insurance company providing the vehicle damage guarantee. If more than 90 days has passed, you must instead make the report to the insurance company where your motor third party liability (MTPL) or partial insurance policy was issued. In other respects the same rules apply as for other material damage.
If you have another material damage claim the period is counted either from the date on which the accident occurred or from the date when you discovered the damage.
Example: You have been away and when you come home you see that someone has driven into your letter box. The period is counted from the time you get home and discover the damage.
If you have suffered personal injury the period is counted either from the date on which the accident occurred or the date when it was established that there was a connection between the traffic accident and the injury in question. It may also be when it was clear that the injury would lead to permanent invalidity. Establishing a connection between injury and accident is often done by a doctor.
Example: You were knocked down when you were cycling and felt alright for a short time after the accident but suffered pain a few days later. The period is counted from the date on which a doctor or other health care professional established the connection between your injury and the accident.
What is meant by material damage and personal injury?
By material damage is meant damage to a physical object that is not human. Injuries to animals are also included here. A common example of material damage is a fence that has been knocked down.
By personal injury is meant a physical or mental injury caused by a person’s action. At TFF we settle personal injury claims arising in traffic.