Though there has been an improvement since 2020, car accidents continue to affect people in Nova Scotia. In 2020, Transport Canada recorded 519.9 injuries per 100,000 people because of traffic collisions, which decreased to 308.7 in 2021.

The downward trend, however, doesn’t apply everywhere in the province. The Road Safety Dashboard of Halifax recorded 632 injuries from 4,566 collisions in 2021. Despite efforts to improve safety, 2022 was even worse, with 746 injuries resulting from 5,044 incidents. Most accidents happened at intersections (2,155) and were caused by aggressive driving (1,441).

Being injured in a car accident in Nova Scotia can be devastating, as a motorist’s negligent behaviour can lead to financial, emotional, and psychological damage. Most victims would, therefore, like to know how to file a claim to seek compensation after they were injured in a car accident.

You have a few options available if the other driver was negligent. You can file an insurance claim with their insurance provider and file a personal injury lawsuit.

Causes of Car Accidents in Canada

Though multiple factors may contribute to a car accident, the most common in fatal collisions was human error (76.2%) in 2021. This could include unsafe lane changes, running a red light, and other errors in judgment. The survey identified distraction (19.7 percent), speeding (24.7 percent), fatigue (3.4 percent), and impaired driving (18.4 percent) as separate factors.

These statistics aren’t specific to Nova Scotia. However, the same factors would likely contribute proportionally to the province. When motorists engage in these kinds of negligent actions, it can lead to catastrophic injuries.  

Filing a claim might be the last thing on your mind after an accident. However, you should know what to do because it might be your only option in seeking compensation for your injuries.

Filing a Claim

A car accident generally happens in the blink of an eye, leaving you confused and anxious, especially if a loved one sustains injuries. You must take these essential steps in order to receive compensation for your injuries.

At the accident scene

Remain calm and call for medical attention. Move everyone to a safe place to prevent additional incidents, especially on busy roads.

You should make sure that you have all the evidence you need so that you can file a claim. You should call the police to report the incident and any injuries, which will also provide you with a police report. In addition, take the following steps:

• Exchange information with all parties involved, including any witnesses. Aside from contact information, like their phone number, you should get their insurance details, driver’s licenses, and license plate numbers.
• Document the accident scene, such as vehicle positions, relevant road conditions, street signs, and injuries, by taking pictures.
• Get help from a car accident lawyer in Nova Scotia to ensure that you’ve covered all your bases.
• Refrain from talking about the accident, your injuries, and any claims you plan to make. The insurance adjuster will take note of anything you say and use it to minimize their payout.
• Some injuries may not be immediately visible, but you should still go to a hospital for a complete medical evaluation. Request a prognosis of the impact the injuries will have on your life. This will serve as valuable evidence when you file your claim.

The police, insurance company and your lawyer will investigate the accident to get the full picture, which can take time. Don’t agree to any settlement offers from the insurance company until you know the full extent of your injuries. Your lawyer will advise you on any claims you make and negotiate settlements on your behalf.

No-fault insurance

Nova Scotia has a no-fault insurance system, which means that your insurer must cover your medical and other expenses regardless of fault. Section 159 of the Nova Scotia Insurance Act requires car insurance policies to include accident benefits.

The aim is to protect policyholders from out-of-pocket expenses called Section B benefits. This covers medical treatment, rehabilitation, and funeral expenses, capped at $50,000 per person. It also provides death benefits and loss of income for a victim’s family. 

The Automobile Accident Insurance Benefits claim process requires submitting a Notice (NS-1) of Loss and Proof of Claim to the insurance company. Make sure to keep a copy of the notice and file an injury accident report with your insurer and the police beforehand.

The financial benefits you receive will depend on the nature and extent of your injuries as specified under the Automobile Accident Diagnostic and Treatment Protocols Regulations (Regulations). 

Under the Regulations, a healthcare provider can treat specific injuries without seeking the insurer’s approval for payment. These are sprains, strains, and whiplash-associated disorders I or II that aren’t covered by the Nova Scotia Health Care Insurance. You have a 10-day time limit to submit the form to your insurer.

However, you’ll need to pay for medical expenses for all other injuries, and you might be reimbursed under your private insurance or employee benefits plan coverage. Your automobile insurer will take the slack to policy limits when you have exhausted all other benefits programs. You have 30 days to submit the NS-1 form for these injuries to your insurer.

For example, if you’re filing a claim for a fatal injury of a family member, you must submit the NS-1 form to your insurer within 30 days to receive funeral and death benefits.

Third-party liability insurance

Motorists in Nova Scotia must carry third-party liability insurance, which covers the costs of injuries or property damage to other parties in a car accident. However, it doesn’t cover the policyholder’s expenses. The minimum is $500,000, but drivers may opt for higher insurance coverage.

If you were injured in a car accident because of someone else’s negligence, you can file a claim with the at-fault driver’s insurance company. This is why you need to get their insurance information.

You can submit a Notice of Action and a Statement of Claim outlining your injuries by yourself. However, it would be best to leave it to a lawyer. To qualify for third-party liability claims, you must prove that the policyholder was at fault. Proving fault often requires significant time and effort, which you might not have.

Additionally, third-party liability claims are subject to sections 18 and 19 of the Health Services and Insurance Act. The law requires an injured person’s lawyer to submit a Notification Form to the Nova Scotia Department of Health & Wellness. The purpose is to reimburse the province for any financial benefits a victim receives for specific cases. 

After you accept a settlement, your lawyer will draft a Solicitor’s Affidavit. This will be the basis of whatever you must pay back to the government under section 19.

Uninsured and underinsured motorist coverage

Section 139 of the Insurance Act requires all motorists to have uninsured and underinsured (UIM/UI) motorist coverage in Nova Scotia. It provides coverage if you get into an accident with a driver who doesn’t have insurance or sufficient insurance to cover your injuries or if they’re unknown (hit and run). You can find your UIM/UI coverage under Section D of your policy.

To file a claim, you must submit a Notice of Proof of Claim to your insurer within 30 days of the accident. Subsection 7(1) describes the requirements for this part of the claim. Moreover, if you file a civil action against an uninsured or underinsured person, you must send your insurer a Notice of Legal Proceeding as specified under subsection 8(1).

What damages can you claim when injured in a car accident in Nova Scotia?

The damages you can claim for injuries in a car accident in Nova Scotia are generally the same as the rest of Canada. Most people find the terms confusing, but the most important thing to know is that one is for actual financial losses, and the other is for less tangible harm, such as pain and suffering.

Special damages

Special damages, or economic damages, are your dollar and cents losses. These include medical and rehab expenses, property damage, and lost wages. Sometimes, they may also include rental car costs, towing, ambulance services, and household assistance. Evidence may include official receipts from service providers or pay slips from employers. There are no caps for special damages in Nova Scotia.

General damages

General damages don’t have a monetary value, which is why they’re also known as non-economic damages. 

The most common claim for general damages is pain and suffering, which may refer to the physical pain of the injury and recovery. It may also refer to emotional distress from disfigurement or loss of a loved one. Sometimes, you can claim compensation for loss of consortium or reduced enjoyment of life.

Nova Scotia caps general damages for minor injuries under section 5 of the Insurance Act but not for severe brain injuries. In 2023, the cap is $10,000.

Since these losses are intangible and subjective, it’s more challenging to prove, unlike a hospital bill. You need an experienced personal injury lawyer to convince the court that you deserve compensation for these claims.

Punitive damages

Nova Scotia allows courts to impose punitive damages in exceptional cases. Though rare, courts award punitive damages when the at-fault party’s behaviour was wilful or reckless. 

The purpose of punitive damages is to penalize the at-fault party and to deter them from engaging in similar conduct in the future. Depending on the circumstances, the court may impose punitive damages on an individual or an entity, such as an insurance company.

Did you know?

Nova Scotia imposes a two-year limitation period from the time of the accident to file a personal injury lawsuit. If you are suing for compensation, you must do so within that time limit.

Injured in a Car Accident in Nova Scotia? Call Diamond & Diamond Lawyers Nova Scotia

Nova Scotia provides certain protections to car accident victims so that they can get immediate relief from the costs of their injuries. However, filing a claim when you’re injured in a car accident in Nova Scotia requires you to take specific steps. Whether you claim Section B benefits or file a personal injury lawsuit, you need qualified legal advice.

Diamond & Diamond Lawyers Nova Scotia has your back. The law firm specializes in helping victims of car accidents become whole again. They have a team of car accident lawyers with years of experience in managing claims and civil actions. With a Diamond & Diamond lawyer by your side, you can get fair compensation for your losses.

Book a free consultation today!

Being injured in a car accident in Nova Scotia can be a traumatic experience. Rely on the experienced lawyers of Diamond & Diamond to give you peace of mind.

FAQs on Injured in a Car Accident in Nova Scotia

How do I report a car accident in Nova Scotia?

If you need urgent police assistance, call 911. For non-emergencies, call the number on this list for your city. Remember that any car accident resulting in injuries or death requires an emergency response.

What is the legal limit for blood-alcohol concentration in Nova Scotia?

The legal limit for blood-alcohol concentration (BAC) for drivers in Nova Scotia is 0.08 percent. A motorist with over 80 milligrams of alcohol for every 100 millilitres of blood is guilty of a criminal offence. They’ll get a $1,000 fine and a minimum one-year driver’s license suspension for the first offence. The penalties get more severe for subsequent offences. The impaired driver will also need to fulfill license restoration requirements.

However, anyone with 0.05 to 0.08 BAC may still be subject to a 90-day license suspension and restoration requirements. Nova Scotia has a zero-tolerance policy for new drivers.

How much for lost income can I expect from the no-fault accident benefits?

You can typically get 80 percent of your gross weekly income but not more than $250 per week. You may claim lost income until age 65 if you can prove that you can’t work at all. However, any compensation you get from Section B will be deducted from any settlements you get from your insurance company or through litigation.

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