Automated and Electric Vehicles Act 2018

Limitation Act 1980 (c. 58) U.K.

8 U.K. In section 9 of the Limitation Act 1980 (time limit for actions for sums recoverable by statute), in subsection (2), after “section 10” insert “ or 10A ”.

Commencement Information

I1 Sch. para. 8 in force at 21.4.2021 by S.I. 2021/396, reg. 3(d)

9 U.K. After section 10 of that Act insert—

“10A Special time limit for actions by insurers etc in respect of automated vehicles

(1) Where by virtue of section 5 of the Automated and Electric Vehicles Act 2018 an insurer or vehicle owner becomes entitled to bring an action against any person, the action shall not be brought after the expiration of two years from the date on which the right of action accrued (under subsection (5) of that section).

(2) An action referred to in subsection (1) shall be one to which sections 32, 33A and 35 of this Act apply, but otherwise Parts 2 and 3 of this Act (except sections 37 and 38) shall not apply for the purposes of this section.”

Commencement Information

I2 Sch. para. 9 in force at 21.4.2021 by S.I. 2021/396, reg. 3(d)

10 U.K. In the italic heading before section 11 of that Act, after “personal injuries or death” insert “ etc ”.

Commencement Information

I3 Sch. para. 10 in force at 21.4.2021 by S.I. 2021/396, reg. 3(d)

11 U.K. After section 11A of that Act insert—

“11B Actions against insurers etc of automated vehicles

(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.”

Commencement Information

I4 Sch. para. 11 in force at 21.4.2021 by S.I. 2021/396, reg. 3(d)

12 U.K. In section 12 of that Act (special time limit for actions under Fatal Accidents legislation), in subsection (1), for “or 11A” substitute “ , 11A or 11B ”.

Commencement Information

I5 Sch. para. 12 in force at 21.4.2021 by S.I. 2021/396, reg. 3(d)

13 (1) Section 14 of that Act (definition of date of knowledge for purposes of sections 11 and 12) is amended as follows. U.K.

(2) In the heading, for “sections 11 and 12” substitute “ sections 11 to 12 ”.

(3) In subsection (1), for “subsection (1A)” substitute “ subsections (1A) and (1B) ”.

(4) After subsection (1A) insert—

“(1B) In section 11B of this Act and in section 12 of this Act so far as that section applies to an action by virtue of section 6(1)(a) of the Automated and Electric Vehicles Act 2018 (“the 2018 Act”) (death caused by automated vehicle) references to a person's date of knowledge are references to the date on which he first had knowledge of the following facts—

(a) that the injury in question was significant; and

(b) that the injury was attributable in whole or in part to an accident caused by an automated vehicle when driving itself; and

(c) the identity of the insurer of the vehicle (in the case of an action under section 2(1) of the 2018 Act) or the owner of the vehicle (in the case of an action under section 2(2) of that Act).

Expressions used in this subsection that are defined for the purposes of Part 1 of the 2018 Act have the same meaning in this subsection as in that Part.”

Commencement Information

I6 Sch. para. 13 in force at 21.4.2021 by S.I. 2021/396, reg. 3(d)

14 U.K. In section 28 of that Act (extension of limitation period in case of disability), in subsection (6), after “section 11” insert “ , 11B ”.

Commencement Information

I7 Sch. para. 14 in force at 21.4.2021 by S.I. 2021/396, reg. 3(d)

15 (1) Section 32 of that Act (postponement of limitation period in case of concealment etc) is amended as follows. U.K.

(2) In subsection (1), for “and (4A)” substitute “ , (4A) and (4B) ”.

(3) After subsection (4A) insert—

“(4B) Subsection (1) above shall not apply in relation to the time limit prescribed by section 11B(2) or (4) of this Act or in relation to that time limit as applied by virtue of section 12(1) of this Act.”

Commencement Information

I8 Sch. para. 15 in force at 21.4.2021 by S.I. 2021/396, reg. 3(d)

16 (1) Section 33 of that Act (discretionary exclusion of time limit) is amended as follows. U.K.

(2) In subsection (1), in paragraph (a), for “or 11A” substitute “ , 11A, 11B ”.

(3) After subsection (1A) insert—

“(1B) Where the damages claimed are confined to damages for loss of or damage to any property, the court shall not under this section disapply any provision in its application to an action under section 2 of the Automated and Electric Vehicles Act 2018.”

(4) In subsections (2) and (4), for “or subsection (4) of section 11A” substitute “ , 11A(4) or 11B(2) or (4) ”.

(5) In subsection (3)(b), after “section 11A” insert “ , by section 11B ”.

(6) In subsection (8), for “or 11A” substitute “ , 11A or 11B ”.

Commencement Information

I9 Sch. para. 16 in force at 21.4.2021 by S.I. 2021/396, reg. 3(d)