Section 11B — Limitation Act 1980: Actions against insurers etc of automated vehicles.

Actions against insurers etc of automated vehicles. 11B 1 None of the time limits given in the preceding provisions of this Act shall apply to an action for damages under section 2 of the Automated and Electric Vehicles Act 2018 (liability of insurer etc where accident caused by automated vehicle). But this subsection does not affect the application of section 5A of this Act.

2 An action for damages against an insurer under subsection (1) of section 2 of the Automated and Electric Vehicles Act 2018 (including an action by an insured person under a contract of insurance in respect of the insurer's obligations under that section) shall not be brought after the expiration of the period of three years from—

a the date of the accident referred to in that subsection; or b where subsection (3) below applies, the date of knowledge of the person injured (if later).

3 This subsection applies where the damages claimed consist of or include damages in respect of personal injuries (to the claimant or any other person).

4 An action for damages against the owner of a vehicle under subsection (2) of that section shall not be brought after the expiration of the period of three years from—

a the date of the accident referred to in that subsection; or b where subsection (3) above applies, the date of knowledge of the person injured (if later).

5 If a person injured in the accident dies before the expiration of the period mentioned in subsection (2) or (4) above, the period applicable as respects the cause of action surviving for the benefit of the person's estate by virtue of section 1 of the Law Reform (Miscellaneous Provisions) Act 1934 shall be three years from—

a the date of death; or b where subsection (3) above applies, the date of the personal representative's knowledge (if later).

6 If there is more than one personal representative, and their dates of knowledge are different, subsection (5)(b) above shall be read as referring to the earliest of those dates.

7 In this section “ personal representative ” has the same meaning as in section 11 of this Act.