What are Section B benefits?
When you’ve been injured in a car accident, Section B insurance provides up to $50,000 in coverage for medical and rehabilitation expenses, such as physiotherapy, massage, chiropractic, and nursing care. Furthermore, if you’ve been injured in an accident and you’re unable to work, Section B provides coverage towards your lost wages and $100 a week in housekeeping benefits, for up to 52 weeks. In the event of a death of a loved one, Section B also provides up to $2,500 in funeral expenses and death benefits up to $25,000.
While insurers are legally obliged to provide Section B insurance coverage, some insurers will terminate these benefits in circumstances where a court may not agree it is appropriate. When Section B insurance benefits have been wrongfully denied, a lawyer can compile evidence to ensure that those benefits are reinstated or paid out in a lump sum settlement.
Section B benefits are paid to you by your own insurance company, in contrast to Section A benefits, which are paid by an at-fault driver’s insurance to the injured after an accident. However, if you are hit as a pedestrian, then the at-fault driver’s insurance company will typically pay your no-fault benefits.
Who qualifies for no-fault benefits?
Section B coverage covers the motor vehicle insurance policyholder, as well as the driver of the insured vehicle, any passengers in the insured vehicle, pedestrians who are hit by the insured vehicle, in addition to dependents and family members who were occupants of other vehicles involved in the accident.
What benefits can I get from Section B?
The no-fault benefits under Section B cover five broad areas including medical and rehabilitation expenses, funeral expenses, loss of income, principal unpaid housekeeper expenses and death benefits. Depending on the circumstances of your accident, these benefits may be available to you. The limit for Section B coverage varies by province.
For your convenience, we have created the following table demonstrating the coverages to which you may be entitled based on the province in which you reside:
| Medical and rehabilitation expenses | Funeral expenses | Death benefits | Loss of income | Principal unpaid housekeeping | |
|---|---|---|---|---|---|
| Nova Scotia | Maximum of $50,000 or for 4 years, whichever comes first | Up to $2,500 | Head or Spouse of household = $25,000. Dependents = $5,000 | 80% of net income loss up to a maximum of $250 per week | $100 per week for a maximum of 52 weeks |
| New Brunswick | Maximum of $50,000 or for 4 years, whichever comes first | Up to $2,500 | Head or Spouse of household = $25,000. Dependents = $5,000 | 80% of net income loss up to a maximum of $250 per week | $100 per week for a maximum of 52 weeks |
| PEI | Maximum of $50,000 or for 4 years, whichever comes first | Up to $2,500 | Head or Spouse of household = $25,000. Dependents = $5,000 | 80% of net income loss up to a maximum of $250 per week | $100 per week for a maximum of 52 weeks |
| Newfoundland and Labrador | Optional coverage. Maximum of $25,000 or for 4 years, whichever comes first | Optional coverage. Up to $1,000 | Optional coverage. Head or Spouse of household = $10,000. Dependents = $2,000 | Maximum of $140 per week | $70 per week for a maximum of 12 weeks |
How do I get no-fault benefits/open a Section B claim?
After you’ve been in a motor vehicle accident, you will need to contact your insurance company to fill out a claim form. They will provide you with forms for your family doctor, treatment providers and your employer to complete. The insurance company does not always automatically send these documents to you in the mail, so it is your responsibility to contact them to open a Section B file.
There are some deadline requirements to notify your insurance company within 30 days of the accident that the accident occurred, and filing a proof of claim within 90 days.
Can I sue my Section B insurer for cutting off or denying my benefits?
Yes. While insurers are legally obliged to provide Section B insurance coverage, some insurers will terminate these benefits in circumstances where a court might not agree it is appropriate. If your insurer denies paying your Section B benefits or wrongfully terminates your weekly loss of income benefits, you may be entitled to start an action against your Section B insurer to recover these amounts.
Can my Section B insurer pay my benefits in a lump sum?
Some benefits are paid in a lump sum, and some are not. For example, your Section B insurer will pay death benefits in a lump sum in accordance with the amounts set out in What benefits can I get from Section B? However, benefits such as your weekly loss of income will be paid on a weekly basis for the duration of the time you are off work and unable to return.
Have questions for our team?
Request a
Free Consultation
MacGillivray Law is a personal injury law firm with offices in Nova Scotia, New Brunswick, and Newfoundland and Labrador. We serve clients all across Canada.
If you cannot travel to one of our offices, we will accommodate your circumstances and travel needs. We can provide a consultation by phone, Zoom, or FaceTime, or travel to meet you in your home when required.
If you would like to learn your legal options at no obligation, contact us today to set up a free consultation.