Car Accident Lawyers in Nova Scotia

Overview

In 2021, there were over 200,000 Canadians involved in motor vehicle accidents, according to Transport Canada’s National Collision Database. Almost 50% of those involved in car accidents were injured.

As you navigate life after your accident, dealing with insurance companies, recovery, and returning to work can feel overwhelming. Seeking legal advice early is one way people injured in car accidents can ensure they receive the compensation they are entitled to.

For more than 30 years , our team of personal injury lawyers have been helping Nova Scotians who were injured in accidents receive fair compensation for their injuries.

How does car insurance work when you get in a car accident?

There are two insurance companies involved in a car accident: the first is your insurance company, and it is the Section B automobile insurer. The second is the insurance company for the at-fault driver, called the Section A insurer. A claim against Section A insurance is when the driver who was not at-fault is seeking compensation for lost wages, pain and suffering and the cost of future medical or paramedical treatment.

The Section A insurer and the driver who was not at-fault have an adversarial relationship. They are often cordial and even friendly, but they have no legal obligation to help or compensate you. They insure a third party—-not you-—and these obligations are to their stakeholders and the third party.

If you’ve been injured in an accident and the at-fault driver’s insurer asks you to provide a written or oral statement, it is often best to speak with a car accident injury lawyer before complying. You are not required to make a statement to the at-fault driver’s insurance company.

Suing after a car accident in Nova Scotia

Insurance companies make money by paying out as little as possible in claims. The first offer made is not always the best, and the claim is often undervalued. While the legal process can take time, building a strong case and the threat of courtroom litigation can compel an insurance company to offer a fair settlement. In fact, most cases settle outside of court. Furthermore, an experienced car accident lawyer will argue in your favor for eligible damages the insurance company may otherwise never acknowledge.

Our legal team will help you understand how motor vehicle insurance works, what the steps in the legal process are, and what kinds of benefits are available to you. And, if you’re not receiving the benefits you’re entitled to, then we will step in and fight for you.

We recommend speaking with an experienced personal injury lawyer who can provide you with information specific to your situation. Contact us today for a free consultation.

How is compensation from a car accident injury valued?

The value of a car accident settlement is based on heads of damages, which are the types of losses that an injured person faces as a result of their car accident. These damages include:

• General damages
• Medical expenses
• Lost wages
• Future lost wages
• Loss of earning capacity
• Loss of essential services

The general damages portion of an injury claim is to compensate people for their pain, suffering, and loss of enjoyment in their life due to the car accident. General damages vary based on the type of injury a person sustained. Some common car accident injuries are:

• Whiplash
• Neck injuries
• Spine (below neck) injuries
• Brain and skull injuries
• Back injuries
• Paraplegia
• Burns
• Loss of limbs

If you have sustained injuries from a motor vehicle accident and are looking for more information, we recommend you use our Injury Claim Calculator to determine what you may be entitled to. Contact MacGillivray Law for more information.

Do I have to make a statement to the insurer for the driver who was at fault?

If you’ve been injured in a car accident and the at-fault driver’s insurer asks for a written or oral statement, speak to a auto vehicle accident injury lawyer before complying. You are not required to make a statement to the at-fault driver’s insurance company.

In many ways, the at fault driver’s insurance company is your adversary. They have no legal obligation to help you or even to provide you with compensation. They insure a third party – not you – and these obligations are to their stakeholders and the third party, not you.

Any statement you give to an insurance company after an accident can be used to undermine your injury claim, so it is important to be careful with what information you provide. While it is important to be transparent and truthful, insurance adjusters can misconstrue parts of your statement and interpret them in ways you did not intend, to portray you as untruthful and undervalue your claim. If you say something wrong, or inadvertently say it the wrong way, it could be used to hurt your claim down the road. A personal injury lawyer will communicate with your insurer on your behalf and advise you throughout the legal process.

Do I have to make a statement to my own insurance company?

Yes, you are obliged to cooperate with your insurance company if you want to remain entitled to benefits. In Nova Scotia, your own insurer, or the insurer for the car you were in, is called the Section B accident benefits insurer. You are in a contractual relationship with your Section B insurer. This means that you each have obligations and duties to one another under the contract. One of your duties is to provide them with the information they need to adjust your car accident injury claim.

Tips for speaking to either insurance company

• Be truthful. Always be honest in your recollection of what happened.
• Be certain. Only share information that you are certain of.
• Don’t overshare. If asked a question, provide only the answer.
• Don’t downplay your injuries. Your statements to insurance companies need to accurately reflect your injuries.
• Review the facts of your case before hand. Review any notes you have of the accident or your medical treatment before hand
• Ask for clarification. Don’t be afraid to ask for clarification before you begin answering.

Why should I see a car accident lawyer?

Adjustors require specific documentation to justify giving you the compensation you deserve. When you hire a personal injury lawyer for your car accident, we know what adjustors are looking for and cover the costs up-front to get the expert opinions you need. Your lawyer, in more serious cases, can request special reports from independent doctors to get opinions and treatment plans related to your car accident injuries. These are called independent medical examinations. Additionally, your lawyer can retain engineers, other experts called actuaries, economists, therapists, psychologists, and other experts to help prove fault or the effect of the accident on you.

Insurance companies have teams of insurance adjusters and lawyers. It is difficult to leverage them to ensure they’re providing fair compensation. If you are negotiating with them, you may feel that you have leverage by threatening to hire a lawyer. Even if you could value your case accurately, the threat of hiring a car accident lawyer is not enough. To have leverage, the case must be properly documented with the right evidence, so the insurance adjustor can justify the settlement to the insurance executives who oversee them. The threat of hiring a car accident lawyer is a soft threat that does not worry the insurance company. Having a lawyer who can build the evidence and leverage the process to help obtain a fair settlement can make a significant difference.

Finally, by hiring a car accident lawyer, you are better able to take on the insurance company and bring them to court if necessary. If providing adequate evidence and leveraging the insurance company is not enough, having representation to guide you through the complicated legal process of a lawsuit is essential for your success and peace of mind. By hiring a lawyer at MacGillivray Law, you can focus on recovering while we take care of your case.

For 30 years, our team of personal injury lawyers has been helping Nova Scotians involved in motor vehicle accidents receive fair compensation for their injuries.

Common types of collisions

We represent people who have been injured in many different types of motor vehicle collisions in Nova Scotia, including:

• Head-on collisions
• Rear-end collisions
• Side swipes and collisions during a lane change
• T-bone collisions
• Collisions with objects or animals
• Hitting a parked car
• Run off the road by another vehicle
• Vehicle rollovers
• Being hit when turning left into traffic
• Cyclist accidents
• Pedestrian accidents

If you have been injured in a car accident and need help determining who is at fault and what compensation you are entitled to, contact us for a free consultation. We serve clients throughout Nova Scotia from our Halifax office and New Glasgow office. We can also meet by phone or virtually.

Does the type of collision determine who is at fault?

Not necessarily. Fault is determined on a case-by-case basis. While some accident types may strongly indicate that one party was responsible, like being rear-ended by a speeding vehicle, it is not necessarily the case in all circumstances.

While insurance companies and police provide evidence in determining who is at-fault in a car accident, it is ultimately decided by the Courts.

The party who is at fault will be liable for the damages caused by the car accident, including injuries.

How long do I have to file a claim after a car accident in Nova Scotia?

In general, the legal limitation period for filing a motor vehicle accident claim is two years from the date of the accident in Nova Scotia, although there are exceptions. There are other time limits that apply to no-fault claims under Section B in Nova Scotia. At MacGillivray Law, we typically file a lawsuit against the at-fault driver one year after the date of the accident, or once your injuries have healed or the extent of your injuries can be accurately assessed.
It is important to contact a lawyer as soon as possible after a car accident occurs. It is your lawyer’s job to build a strong case for you, which may include preserving evidence from the scene of the accident, gathering witness statements, and consulting with accident reconstruction specialists. The sooner you engage a lawyer, the sooner they can begin their work gathering time-sensitive evidence. Contacting a lawyer promptly also helps ensure that all timelines are met in the litigation process so that your injury claim can be pursued successfully.

Can I sue if the driver who injured me doesn’t have insurance?

If you are injured by a driver who doesn’t have insurance, your own insurance policy will protect you against these losses. You will not be penalized for the other driver’s decision to drive uninsured. This coverage stems from Section D of your auto insurance policy in Nova Scotia.

Can I sue if I was injured in a hit and run and the driver is unidentified?

If you are the victim of a hit and run car accident, you can still recover compensation for your injuries, even though you do not know who injured you. Your insurance policy protects you against losses suffered because of an unidentified driver. In Nova Scotia, you are covered for this loss under Section D of your auto insurance policy.

Can I sue if a loved one was killed in a car accident in Nova Scotia?

In the case of a fatal car accident, a loved one’s right to compensation depends on their relationship to the deceased. If you’ve lost a family member in a car accident in Nova Scotia resulting from another person’s negligence, you may be eligible for compensation. In Nova Scotia, a spouse, common-law partner, parent, or child can pursue a claim for wrongful death under Section 5(1) of the Fatal Injuries Act.

How long do I have to file a wrongful death lawsuit in Nova Scotia?

In Nova Scotia, you must file a wrongful death claim within 12 months of the date of death. Speak with an experienced personal injury lawyer to determine your eligibility and ensure that your rights are protected. You can learn more about fatal injury lawsuits here