Kernrechtsfrage
Whether the tort claim against the motor vehicle insurer was time-barred under Art. 83 LCR
Extrahierter Entscheid
The claim was not yet prescribed because the claimant lacked effective knowledge of the damage before the psychiatric expert report had been communicated to her.
Extrahierte Begründung
Prescription under Art. 83 LCR starts only when the injured person actually knows the damage sufficiently to sue. The psychiatric expert report of 26 November 2003 was not shown to have been communicated to the claimant, and the orthopaedic letter of March 2003 did not fix the disability rate even approximately because it still left open retraining in another occupation.