The claimant was a minor at the time of the accident. The insurer denied NEBs around the six months mark. The claimant applied to the LAT to dispute NEBs more than two years after turning 18 years old. The insurer argued that the limitation period barred the claim. Adjudicator Johal agreed that the claim was statute barred even thought the initial denial did not indicate that the claimant was not entitled to NEBs until turning 18 years old. Adjudicator Johal also held that none of the factors relating to extending the limitation period under the Licence Appeal Tribunal Act applied to the claim: the claimant did not have a bona fide intention to appeal within the appeal period; the delay of eight months after the limitation period was not reasonable; the insurer would be prejudiced if the claim was to continue; and the merits of the claim were not enough to outweigh the remaining factors.
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