By: Kimball Law
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The Insurance Act for Car Accidents in Nova Scotia
Nova Scotia has an insurance act. This statute, passed by the provincial legislature, mandates the various coverages and types of insurance that apply to Nova Scotians. One area of the statute deals with motor vehicle policies. So, if you have been injured in a car, truck or other motor vehicle accident, it’s this kind of coverage – mandatory for all owners of motor vehicles in the province – that provides a coverage and benefits.
In a typical policy, for anyone who owns or operates a motor vehicle, there are four types of coverage. They’re noted as Section A, B, C and D in the standard form policy that applies to Nova Scotia residents.
Section A is PLPD – public liability and property damage, sometimes referred to as third-party liability. This is the part of the policy that provides every motorist with insurance coverage against claims by persons who have been injured. So if you have been injured in a motor vehicle accident, this is the coverage that you will be able to access when you begin an action or sue the person responsible for the accident.
The minimum coverage in Nova Scotia is $500,000 for any policy that has been issued. These coverages move from time to time as mandated by the legislature when amendments to the insurance act come into play. Most people should have more than the minimum and we recommend at least a couple million dollars in the way of coverage.
Section B is No-Fault benefits. These are mandatory coverages that apply to every policy in the same fashion across NS. These coverages will apply to you if you’ve been injured, whether you were at fault for the accident or not or whether you were a passenger in a vehicle where the motorist, the driver of the vehicle was at fault or not. To the extent that you access these benefits, they are deductible against the claim you make against the negligent motorist (driver) who caused the accident and caused your injuries.
These minimum benefits are up to $250 per week in income loss and up to $50,000 in medical coverages and treatments that you’ve had to access because of the injuries occasioned by the motor vehicle accident.
Section C coverage under the auto policy is for damage to your vehicle. It is completely optional.
Section D coverages are for situations where you’re involved in an accident and the at-fault party doesn’t have insurance or can’t be identified. This situation doesn’t arise very often, but in those situations it means that you can access Section D of your own policy as if your policy was there to cover and represented the individual who was at fault for the accident.