Step 1. It’s been a long time since the accident, can they still pursue me?

Insurers do not have to contact you within any set time after the accident, or keep you informed. Delays in contacting you may be because:

  1. they had difficulty finding you;
  2. their insured did not claim immediately;
  3. they waited to do the repairs to the car as they needed the car.

In most Australian jurisdictions, there is a statutory time limit of 6 years to commence recovery action in Court for damages caused by negligence (except in the Northern Territory, where it is 3 years). After 6 years from the accident you may have a complete defence to the debt claimed (if you have not admitted the debt in writing or made a payment) or if they have not already commenced legal action against you. You should seek legal advice if you are pursued after 6 years from the accident. For further information on old debts go to our Recovery of Old Debts Fact Sheet and/or check out our Old Debts Sample Letter.