VIC statute of limitations on car accidents

[Eddiej]

Hey,

My wife was going through a roundabout and got t-boned a couple of years ago writing off the vehicle (neither of us had insurance) so I went to see a lawyer who sent letters and sms to the other driver who admitted it was his fault but since he had no money he isn't going to pay. So my question is should I take him to court and is there a statute of limitations?

Cheers Eddie

 

[Matthew Karakoulakis]

Hi Eddie

There is a statute of limitations applicable. This would vary according to what you are claiming. For a motor accident, some possible claims are claims for injury (if your wife was hurt in the accident), or for a tort. The Limitation of Actions Act 1958 (Vic) (LIMITATION OF ACTIONS ACT 1958) is a good place to start looking. However, occasionally more specific legislation may apply, for example, if the vehicle that T-boned yours was a transport vehicle, you should also look at Transport Accident Act 1986 (Vic).

As to the point of whether you should bring the driver to court, there are many factors that you will have to consider including how much you think you can recover from him, your time, etc.

If you require any further assistance on this matter, please do not hesitate to contact me via the link below or at [email protected] to arrange for an appointment to discuss your options.

Matthew Karakoulakis, Melbourne Lawyer: Book Online