- In general, you cannot make a common law claim until more than 20 months after the date of an accident.
- Damages that can be claimed are limited and, in some cases, capped.
- Claims can be settled or assessed, at the Dispute Resolution Service or in court, and costs can be limited.
The Motor Accident Injuries Act 2017 (‘MAI Act’) regulates what has been described as a ‘hybrid’ compensation scheme because it provides both a regime of statutory income support and treatment benefits as well as limited common law damages.
In the last article in this series (see LSJ, October 2019, 84-85), the concept of the ‘minor injury’ was explained as this is the means by which access to common law damages is restricted. If your client’s only accident-related injuries are minor injuries, then you can make a common law claim but your client cannot recover damages.