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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71158
Experience:  Over 5 years in practice
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I have recently received a letter from a claims department

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I have recently received a letter from a claims department (for the first time) for an event (minor road traffic accident )which took place 4 years six months ago. They are asking for £43712.63. How many years can an claims company wait before contacting the individuals involved? Is this legal or is this a scam!!

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Were you not insured?
Customer: replied 3 years ago.

My son lives in Greece and he came home for the weekend. He drove my car (fully insured for me) but was unaware I had removed him from the policy. He hit another stationary car from behind at a junction. No damage to my car. Minor damage to the other car. Because my car was fully insured I was told that an innocent mistake had taken place and there would be no further action. This was in November 2009.


I would not do anything until I got documents from solicitors.

Claims companies are not able to issue legal proceedings on behalf of the claimant. Either the claimant must do it personally or they must instruct solicitors.

The limitation period is six years for damage as a result of negligence but three years for personal injury as a result of negligence.

There is an extremely useful concise guide which explains the various times

Can I clarify anything for you?

Customer: replied 3 years ago.

Thanks Jo I assume that I need ignore this letter due to the time frame involved.

It is still within time for a claim for damage to the car but not for a claim for any injuries.

The claim is against your son if he had the accident and not against you.

However, as he was not insured it is likely that the Motor Insurers Bureau will order your insurance company to deal with this if it gets that far.

If there was no damage to your car and only minor damage to the other car it seems that the claim for almost £44,000 may be spurious.

I would wait until I heard from the claimant's solicitors and then advise them that you were not the driver at the time and they should contact the driver. Don't tell them who the driver was let them do that.
I think it highly likely that you won't hear anything again.
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