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 motor vehicle 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.
Speak to a Car Accident Injury Lawyer.
On This Page
Why Do I Need a Personal Injury Lawyer for My Car Accident
How Does Car Insurance Work When You are Injured in Car Accident?
Under each province's Insurance Act, there are four sections of auto insurance that may apply to car accident victims. Each province has its own Insurance Act.
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.
How is Compensation from a Car Accident Injury Valued?
The value of a car accident is based on heads of damages, which are the types of losses that an injured person faces as a result of their accident. These damages include:
General Damages: The general damages portion of an injury claim is to compensate people for their pain, suffering, and loss of enjoyment in their life. General damages vary based on the type of injury a person sustained.
Lost Wages: Past lost wages describe compensation for the wages you lost, incluing time off immediately following an accident, time off for medical appointment and therapy, and any leaves you may have needed to take as a result of your injury.
Medical Expenses: Medical expenses are costs incurred as part of your diagnosis, care, and treatment. These costs include ambulance fees, expenses from the hospital, physical therapy, fees associated with diagnostics and imaging, prescription medication, medical supplies, and other related expenses.
Loss of Earning Capacity: Loss of earning capacity describe a lump sum award when a person has lost some of their ability to work due to their injuries, but the loss cannot be calculated with precision.
Future Lost Wages: Future lost wages describe the compensation received by an injured party for the wages they will not receive in the future because they have had to stop working due to their injuries.
Loss of Essential Services: Loss of valuable services covers the cost of housekeeping, home maintenance, and other essential services that an injured person may require after their car accident if they are no longer able to do that work after their injury.
Common Injuries Car Accidents May Cause
At MacGillivray Injury Law, we work with clients involved in car accidents in Nova Scotia every day. While every case is unique, there are some common injuries stemming from car accidents
Common Types of Motor Vehicle 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
Do I Have to Make a Statement to the Insurer for the Driver Who Was at Fault?
If you’ve been injured and the at-fault driver’s insurer asks for a written or oral statement, speak to an injury lawyer before complying. You are not required to make a statement to the at-fault driver’s insurance company.
Information
Advantages
What you tell the insurance company may improve a settlement offer as they will have more information for their file
Twisted
Disadvantages
The information you give them could be used down the road and taken out of context later.
Openness
Advantages
Talking to the other driver’s insurance company indicates to them that you are open to working things out.
Downplay
Disadvantages
Some people downplay their injuries when discussing them with a professional to avoid exaggerating them. This can hurt your case and be used to offer you less than you really deserve.
Rapport
Advantages
You may build a relationship with the other insurance company which could help you work things out with them.
Mixed-Up
Disadvantages
You may feel nervous and say something that isn’t correct by mistake. This can be used against you and would hurt your credibility.
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.
Frequently Asked Questions
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 Atlantic Canada. 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 claim can be pursued successfully.
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.
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.
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.
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.
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.
A minor injury cap limits the amount of/general-damages-guidegeneral damages you can claim for pain and suffering and loss of enjoyable activities. It typically applies to whiplash, whiplash-associated disorder and other soft tissue injuries that don’t substantially interfere with daily life. An injury could be over this threshold because of the effects it has on a person. We are often able to advocate that an injury is over the cap even when the insurer says it applies. The minor injury cap in Nova Scotia in 2024 is $10,402.
