Principle 3:
The victim should be given the statutory maximum period to present the claim and the evidence related to the claim.
For the next piece in our series examining the details and context behind the various principles of the Charter of Road Traffic Victims’ Rights, our focus turns to Principle 3.
Limitation periods are common practice in law. They help create certainty and preclude legal action being taken many, many years after an incident has taken place. These limitation periods also tend to vary from country to country.
Given the variations on limitations that exist, what this principle sets out to do is to ensure the victim of a road traffic accident has the entire period available in order to make their claim. Naturally, the period of time in question will depend on the law applicable, but the principle clearly states that they should have the entire period available to them as is afforded by the relevant legal statutes applicable to the claim.
They should be able to submit their claim at any point during the applicable period.
The principle also goes a step further. Should the claim be addressed within the limitation period, the victim should also have the remaining time within that period to provide any additional proof, information on the damage suffered, evidence in support of their claim or other relevant details as may be necessary.
Collecting and submitting evidence in support of a claim is generally the responsibility of the victim. This process can take time. It is not always straightforward securing the relevant documentation or other materials required in order to submit a detailed and effective claim. This principle is there to help the victim address those time constraints, ensuring they have the flexibility to submit their claim in due course without feeling as though it has to be done immediately.
Normally, the law generally seeks to take into account such constraints by either suspending or stopping the limitation periods from the moment a first claim is addressed. That either means the limitation is temporarily interrupted, or it comes to an end and a new limitation begins. Through this principle, the hope is that becomes the universal experience for victims, providing them with the comfort of time to collect the necessary evidence.
This is particularly important in cases where the exact extent of the damage can only be determined over time. An example of that situation would be where an accident leads to severe personal injuries being sustained, where a more detailed prognosis can take a significant period to become clear.
It should also be noted that this principle indirectly wants the victim to have sufficient time to reflect and consider an offer from the compensator, giving them the scope they need to decide whether they should accept or refuse.
So in summary, what Principle 3 of the Charter of Road Traffic Victims’ Rights seeks to accomplish is to give victims the gift of time. To allow victims have as long as the legal limits allow to submit their claim, to gather their evidence and to reflect on what steps they need to take.
We all know that time is a precious commodity and the value of that time for the victims is crystalised through this principle.
