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VIC Car accident with Motorbike - Uninsured and Repair Bill

Discussion in 'Insurance Law Forum' started by Catherine, 25 July 2014.

  1. Catherine

    Catherine Member

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    18 months ago I had a motorbike accident. I was the one that caused the car accident. I was uninsured at the time (no car insurance). I have heard nothing from the guy I hit in this time. He has now sent me A bill for repairs. I was wondering if there is a time limit to how long they can make a claim from me? I'm on a pension and there is no way for me to pay him back anyway
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Catherine,

    Which State or Territory are you in?

    The laws surrounding limitations differ from each State and Territory. Most limitation periods state 12 years. In any event, 8 months would most certainly be within the limitation period. However, this limitation period is only relevant if the other party decides to initiate court proceedings for damages.

    If the accident was your fault and you are uninsured, the other party has a right to claim damages (including costs related to repairing their vehicle) from you. If you do not pay this, the other party may apply to the court for judgement and you may receive a summons or writ claiming damages.

    To avoid an action for damages, try negotiating with the other party first and explain to them your financial situation. Perhaps you could reach a settlement for an amount lower than what they were originally claiming. If you do, it is worth having this agreement in writing, clearly spelled out and signed by both parties.
     
  3. Catherine

    Catherine Member

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    Thank you Sarah J. I'm in Victoria. The accident was 18 months ago. I guess there was a typo in my first feed.
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Catherine,

    In that case, the following limitation periods apply under the Limitation of Action Act 1958 (Vic) ("LAA"):

    - Civil actions (as compared to criminal actions) for damages in torts, such as damage to property, where no personal injury damage is sought: 6 years from when the action accrued (which would be date of accident): LAA s 5(1).
    - Civil actions for damages in respect of personal injury: 3 years from when the action accrued: LAA s 5(1AA).

    In brief, 18 months is within the time frame.
     
  5. Catherine

    Catherine Member

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    Thank you Sarah J for your help
     

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