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If the insurance payout does not fully compensate for my loss, am I entitled to pursue a civil claim against the party responsible for the damage?

Yes, you can pursue a civil claim against other responsible parties.  However, you cannot be over-compensated.  Therefore, if you recover more than your loss, you will need to refund / pay the insurance company. 

 

Please also note there are statutory time limits for bringing a civil claim, for example:- 

  • For general breach of contract claims, the time limit is 6 years from the date when the breach of contract occurs.  
  • For general tort claims (e.g. negligence), the time limit is 6 years from the date on which the loss arises.  
  • For personal injury claim, please note the limitation period is 3 years from the date of the accrual of the cause of action (i.e. the date of the accident / the date of injury / date of death) or the date of knowledge (i.e. knowing that the injury was significant and attributable to the defendant / the date of knowledge of death by the deceased’s dependent), whichever is later (see here for more details). 

 

In simple terms, there are deadlines for bringing civil claims, and for personal injury claims the time limit is 3 years, so you should seek legal advice as early as possible.

 

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