“Actions in tort claiming damages for personal injuries are barred after three years. Other actions in tort and actions in contract, to enforce a recognisance or an award, or to recover money, are barred after six years.” Memorandum to Limitation Act, 1972 (Act 54)
“A person shall not bring an action claiming damages for negligence, nuisance or breach of duty irrespective of how the duty exists, where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to a person, after the expiration of three years from the date on which the cause of action accrued. Section 3(1) of Act 54
“A person shall not bring an action after the expiration of six years from the date on which the cause of action accrued, in the case of…(b) an action founded on simple contract; (c) an action founded on quasi-contract;…” Section 4(1) of Act 54
“An application for the leave of the Court under section 23 shall be made ex parte, except in so far as the Rules of Court otherwise provide in relation to applications which are made after the commencement of a relevant action.” Section 24(1) of Act 54
Comments:
- Insurance Claims are contractual claims. These claims are basically premised on the enforcement of contractual rights and obligations by parties, or/and third parties.
- A cause of action therefore can be said to have accrued where the claim raises an issue which has to be settled by the Courts of law.
- An effort to procure the police report is an important step taken, which should displace any issue of limitation made against the client, even if the limitation period is interpreted to start count from the date the said accident occurred.