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ScotsLawPro, Solicitor
Category: Scots Law
Satisfied Customers: 1290
Experience:  LLB (Hons), Dip LP, NP
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I had an RTA incident over 3 years ago where I wrote off 3

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I had an RTA incident over 3 years ago where I wrote off 3 cars at once.My insurance paid out for my car but I did not exchange details with the other car owners.
I have now received a lawyer letter saying they are pursueing the money that was paid out to one of the other owners for their car.
I was convicted of drink driving & careless driving & banned for a year.
My question is can they pursue me after 3 years for this money in a civil court,I was under the impression a claim raised after 3 years would be void & thrown out of court.
I am in Scotland.



Thank you for your question.


In the ordinary course of things the three year time bar is correct but as you did not comply with the terms of the Road Traffic Act 1988 and provide your details to the other drivers then I am fairly certain that the courts would ignore the time bar.


What you should be doing here is sending the letters received to your insurance company (the one you had at the time of the incident) and they will deal with the matter on your behalf. They will also pay for the damage to the other vehicle, after all that is what you pay insurance for. They might also contest the time bar issue although I suspect that will fail.


Hope this helps. Please click ACCEPT for my time to be credited.



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