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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 823
Experience:  Solicitor with over 15 years experience.
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I had a car crash in Nov. 1987 [aged 42] when dragged out of

Customer Question

I had a car crash in Nov. 1987 [aged 42] when dragged out of burning car , hit from behind by artic lorry on hard shoulder of M-way. .. 12 stitches in head , otherwise seemed OK, apart from certain slowness of mind !
Then in Sept.2011 I suffered 'overly robust massage' by 30 yr old spanish chap, for tennis back ache, and emerged hardly able to walk .. weeks to be weel enough to return to office ; that was over 4 yrs ago .. never fully recovered to play sports or run again, though otherwise seem fine .. except lost mental drive !. Notified Massage Company immediately, and underwriters Hiscox .. they offered £5,000 which i refused .. now claim 3 yr time-barred ? What can I do ?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
Is there a reason you did not start proceedings within the 3 year time limit.
Customer: replied 2 years ago.
Mental apathy .. large part of legacy from crash, results in abhorrence of facing any major obstacle . Financial disaster as just time when I should have been preparing my IFA business for sale - and my good secretary left for London!
Customer: replied 2 years ago.
sent 3 1/2 hrs ago .. anyone there ?
May add that Hiscox underwriters did say their £5k offer was not open indefinately ... but that aspect [physical AND mental] is just my problem ! In retrospect, I should NOT have assumed my notifying THEM constituted same as notifying Court - and should have instructed a no win/no fee lawyer. But that STILL should not rule out valid claim .. Insurers' moral liability alone ?
Expert:  LondonlawyerJ replied 2 years ago.
It doesn't sound like you will be able to extend the time limit. This can be done when there is a long delay between incident and onset of symptoms or you are a patient under the Mental Health Act, but rarely in any other circumstances.