Car Accident Lawyers in Halifax & Annapolis Valley
Whether it’s due to poor road conditions, automotive malfunction, or to driver error, motor vehicle accidents happen every day in Nova Scotia. However, in many cases, people that were injured in an accident are able to obtain compensation. To know if you have a claim or have questions about your case, you should speak to a car accident lawyer in Halifax.
In Nova Scotia, your car insurance is meant to provide protection in the event that you were hurt or your property was damaged in a motor vehicle accident. However, in such an overwhelming situation, you may not know what steps to take or how to deal with your insurer to get the compensation that you deserve.
With over 40 years of experience, the personal injury lawyers at Kimball Law can help you with your claim. If you are not sure about what you may be entitled to, do not hesitate to schedule a free consultation with our Halifax car accident lawyers.
Motor Vehicle Accident Claims in Nova Scotia
In Nova Scotia, a motor vehicle accident claim is a legal process that you can use to obtain compensation in the event that you were injured, your property was damaged or you are facing financial loss as a result of an accident.
The types of damages that you can collect depend on the specifics of your case. Some of the things that you might be able to recover include, but are not limited to:
- Lost wages: which includes current and future income that you may lose if the severity of your injuries has and/or continues to prevent you from working.
- Medical expenses: if due to your injuries you need to follow medical treatment or require rehabilitation, you can claim compensation to cover past and future medical expenses.
- Property damage: if your car or vehicle suffered any damage, you could also receive reimbursement to repair it or, if needed, to replace it.
- Pain and suffering: in addition to tangible expenses (such as property damage and medical expenses), you could also receive compensation for both the physical and emotional pain that you suffered as a result of the accident.
Although you may want to know how much compensation you can receive from your claim, determining this amount depends on the specific circumstances of your case and the severity of your injuries.
Since they implicate more medical expenses, more severe injuries generally lead to higher remuneration. To have a better idea of the compensation that you may be entitled to, you should consider talking to your lawyer.
At Kimball Law, our car accident lawyers can help with your insurance claim. Some of the types of motor vehicle accidents that we handle include:
- Car accidents
- Boating accidents
- Truck accidents
- Motorcycle and bicycle accidents
- ATV accidents
- Pedestrian accidents
To learn what you might be able to claim and how much your claim is worth, speak to an experienced car accident lawyer near you. Call us at (902) 422-8811 to book a free, no-obligation consultation and explore your legal options.
Is Nova Scotia a no-fault province?
Nova Scotia uses a no-fault insurance system. This means that, no matter who the person at fault was, people that have been injured in an accident are able to claim compensation from their own insurance company. These benefits provide temporary income replacement to eligible individuals and cover medical expenses within 4 years of the accident.
According to Nova Scotia reforms, in addition to these benefits, your insurance company may also cover the damage caused to your vehicle and the loss of use as long as you were not the cause of the accident.
Once you report the accident, an insurer will determine your degree of fault (remember: “no fault insurance” does not mean it’s no one’s fault!) based on the Provincial regulations.
How Long Do You Have to Report a Car Accident in Nova Scotia?
In Nova Scotia, after a motor vehicle accident that resulted in an injury or a fatality, you are required to file a report with the police within 24 hours. If there was only property damage worth less than $2,000, you do not need to report the accident. You should contact your insurer as soon as possible after an accident.
In Nova Scotia, you are only required to notify the police about a motor vehicle accident when one or more of the following occurs:
- you or other parties were injured;
- the collision caused property damaged that seems to exceed $2,000;
- or if there was a fatality
Although some people may feel nervous about dealing with law enforcement, having a police report after an accident can be valuable evidence for a future insurance claim. Additionally, if you were involved in an accident, you have 24 hours to inform your insurance company.
If you or a loved one were in a motor vehicle accident, you can speak to a Halifax car accident lawyer to explore if you have a claim and the legal options available to you.
Insurance Benefits Available for Car Accidents in Nova Scotia
Among other things, the Nova Scotia Insurance Act regulates the different types of insurance coverage for people that own or operate a motor vehicle. In a standard auto policy, there are 4 types of coverage:
In Nova Scotia, Section A, or also known as Third Party Liability, protects you and anyone driving your car (with your personal permission) from claims for injuries, property damage, and death resulting from an accident.)
In Nova Scotia, all motor vehicle insurance policies must have a minimum coverage of $500,000.
Section B is for Mandatory Accident Benefits or “no-fault” car accident insurance (discussed earlier). This means that Section B benefits are provided by your own policy regardless of who was at fault for the accident. If you were injured in an accident, you could be entitled to receive the following benefits:
- Up to $50,000, per person, within 4 years from the date of the accident for expenses related to medical, surgical, dental, chiropractic, hospital, professional nursing, ambulance services and other insured treatments related to your injuries.
- Death benefits paid to surviving spouses, common-law partners, and/or dependents of the deceased. These vary based on the “status” of the deceased on the date of accident (i.e. head of household, spouse of head of household or dependent).
- Up to 2 years of income replacement. Your weekly payment will be the lesser of either:
- 80% of your gross weekly income from employment (minus any payments for loss of income); or
- $250 per week.
Please keep in mind that this is a general overview and additional conditions, exclusions, or exemptions could apply. It is always important to review and understand the terms of your own insurance policy.
Section B benefits can be applied to any “insured person” under the policy. This does not only include the person named it in the policy. For example, if you share a dwelling with a spouse, common-law partner or dependent relative – they may also be covered. Pedestrians struck by your car (provided this occurs in Canada) may also be covered.
In Nova Scotia, Section C is known as the Loss of or Damage to Insured Automobile section. This section covers your vehicle (and its equipment) against loss or damage. Some accidents that cause damage to your vehicle and may be covered include (but are not limited to):
- Falling or flying objects;
- Rising water; or
- Malicious mischief.
There are a number of situations that may allow your insurer to deny you coverage. For example, if you drive under the influence of drugs or alcohol. It is always important to review and understand your policy – seek the help of your insurer or a lawyer if you require assistance after an accident.
Although this type of coverage is often found in standard automobile policies in Nova Scotia – it is optional. This means that a motor vehicle owner or driver does not need to have this coverage in order to meet the minimum coverage established by law.
Section D is the Uninsured and Identified Automobile Coverage portion of the policy. Although it might not be very common, in rare cases, you might be involved in an accident where either the at-fault party did not have insurance or you were not able to identify the other driver in a ‘hit-and-run’ situation.
If this is your case, you may be able to access Section D of your own policy. This section is meant to cover the compensation that at-fault driver’s insurance would have paid to you.
After being involved in a Motor Vehicle Accident (“MVA”), there are different types of insurance claims that you might be entitled to. If you do not know what types of coverage apply to you and your accident, what you could be entitled to or if you have questions about your insurance claim, book a time to talk to one of our Nova Scotia car accident lawyers.
Contact a Halifax Car Accident Lawyer at Kimball Law
Dealing with insurance claims after a car accident can be very stressful. Especially, if you do not understand how your policy works, what is the compensation that you are entitled to, and what steps you need to take to obtain it. Before signing documents or accepting any settlement offers, you should consider talking to a Halifax motor vehicle accident lawyer.
Kimball Law is a personal injury law firm that represents clients with insurance claims in Halifax, Bedford, Dartmouth, Wolfville, Coldbrook, Kentville, the Annapolis Valley, and surrounding areas.
If you were injured in an accident and want to see if you have a claim, contact us today or call us at 1 (902) 422-8811 to schedule a free no-obligation consultation. At Kimball Law, we offer contingency fees in many cases, which means we do not get paid until you get paid.
Frequently Asked Questions
Can you sue in Nova Scotia for a car accident?
In Nova Scotia, people that were injured in a car accident may be entitled to sue for pain and suffering, loss of wages, among other things. Although Section B provides certain coverage, people can sue the liable person if the other party was at fault for the accident.
If you are suing for a car accident in Nova Scotia, the insurance company will assess the accident to determine the drivers’ liability. Keep in mind that if you were partially or wholly at fault, the benefits that you may have been entitled to could be reduced.
For example, if you access the Section B benefits but it is found that you were not using your seat belt when you were supposed to, your benefits could be reduced by 25%.
It is also important to note that there are time limits for starting your lawsuit. Generally, you will have 2 years from the date of your accident to file within the court. However, there may be exceptions – for example, if you are a minor (under 19) at the time of the accident.
A personal injury lawyer will be able to advise you on the time limits and procedures for suing after your accident.
Can you file a car accident claim without a police report?
In Nova Scotia, it is mandatory to have a police report if a car accident resulted in more than $2,000 worth of property damage, someone was injured or there was a fatality. In any case, a police report can be used as evidence in an MVA claim to prove that the accident actually happened.
Do I need a lawyer to settle a car accident claim in Nova Scotia?
In Nova Scotia, it is not mandatory to hire a lawyer for a car accident settlement. However, if you suffered severe injuries and you do not know the law or the benefits that you may be entitled to, you may not be able to obtain the compensation you deserve without a lawyer.
A lawyer can also help reduce the uncertainty and stress that comes along with filing documents in the court and court appearances.
After an accident, insurers may offer you a settlement to cover some of your expenses. If you are not sure if this compensation is fair, you should speak to a personal injury lawyer to know more about your claim.
Are car accident settlements taxable?
Generally, personal injury settlements will not be taxable. Settlements are meant to replace or compensate for a loss to you. However, if the settlement is providing income replacement, it is likely to be taxable. Similarly, if you invest your settlement income and gain a profit, that profit will be taxable.
Resources to Learn More about Car Accident & Injury Claims
12 Steps to Take After a Car Accident in Nova Scotia: if you do not know what to do after being in a car accident in Nova Scotia, you can find some steps to take that could help you follow applicable laws, look out for your best interests and help with your future claim process.
The Insurance Act for Car Accidents in Nova Scotia: in Nova Scotia, it is mandatory to have your car insured. Here you can learn more about the different coverages and benefits that one could access in the event of a car accident.
No-Fault Insurance in Nova Scotia: since Nova Scotia is a no-fault province, if you were in a car accident, your insurance policy may cover some of your expenses. Here you can learn more about your Section B benefits.
When Do Pedestrians Have the Right of Way in Nova Scotia? Car accidents not only involve vehicles. If a pedestrian gets hurt in a collision, it needs to be proved that he or she had the right of way. 9 Questions Nova Scotia Injury & Insurance Claim Clients Ask: when dealing with insurance claims, people have similar questions about their case. Find more information that could help you better understand your claim process.