Sunday, 12 December 2010

Car Accident: Civil Proceedings Limitations

Q: Around carnival time (February 2010) I reversed and hit someone's car near my friend's house. At the time, the person was not interested in making a police report, etc. because according to him, he had intentions of re-painting his car and when that time came, he would make me aware of the cost to fix the dent.

Last week (December 2010), I saw the same car with the dent and I'm wondering if he can still pursue a claim for the damage?

A: The answer is YES and here's why:

Section 5 of the Limitation of Personal Actions Ordinance Ch 5:06 provides: (since repealed and replaced by the Limitation of Certain Actions - Chapter 7:09.

“5. All actions for the recovery of any chattel or moveable thing, or the possession thereof, all actions founded upon any simple contract without specialty, all actions for damage or injury to persons or property, and all personal and mixed actions whatsoever, shall and may be commenced and sued within four years next after the cause of such actions, and not after; except, nevertheless, all actions by this Ordinance otherwise specially provided for, and except also all actions of assault, battery, wounding, imprisonment, or any of them, and all actions of libel and slander, which said actions of assault, battery, wounding, imprisonment, libel, and slander, shall be commenced and sued within two years next after the cause of such actions, and not after.”


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Cheryl said...

yesterday i had an inident where i opened the car leftpassanger door and was hit by an up coming vehicle (almera). the car in which i was in was parked on the right hand side of the road in Lime Head Road Chase Village. when i looked back i did not see any vehicle coming so i openend the door not fully approximately 5 inches. Almera which was driving about 100 miles per hour driver side miror was broken and scratched on the right hand side back door. the driver insisted that i pay for repairs to his car, Is this lawfull?

Trinbago Rights said...

Unless you were negligent in your actions, no.

Anonymous said...

Last night I incidentally reversed on my neighbor's vehicle (Nissan navara) , we went to the station and made a report, where we came to an agreement that I would take it into my own hands and fix it with my mechanic and straightener , as for my rights lawfully how much time am I liable ? After the agreement was made he told me he 's not putting his vehicle in anyone's hand (my straightener an mechanic) . What should I do?