Nova Scotia is known for its diverse geography, which includes coastal roads, highways, rural areas, and urban centres. With breathtaking coastal views, stunning landscapes, and picturesque horizons, Nova Scotia is an idyllic province in Canada.
However, as in any region, car accidents can disrupt tranquillity and bring about a wave of uncertainty. The casualty rate from traffic accidents in the province was significantly above the national average in 2021.
If you were involved in a car accident, understanding their legal aspects and personal injury claims is very important. Diamond & Diamond Nova Scotia car accident lawyers can make sure that you get the compensation and support you deserve.
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“Diamond & Diamond first in its class! A special thanks to Brandon Handelman for putting together an amazing team of professionals at Diamond & Diamond to take care of my case. Brandon Handelman’s legal skill set second only to his people culture in connecting easily with his clients. Thank you Brandon for the many 1:1 conversations where you simplified the process for me while keeping me front and center with all decisions related to my MVA case. You and your team were very professional, easy to contact, and helped me tremendously when I needed the support. I would definitely recommend Diamond & Diamond and the Brandon Handelman team! Thank you so much for all you did for me.” — Shawn P.
Common Types of Car Accidents in Nova Scotia
The type of motor vehicle accident has a significant impact on the resulting injuries. Rear-end accidents, for example, are the most common but typically result in less damage than a head-on collision. An accident involving a truck and a small vehicle often results in catastrophic damage, such as traumatic brain injuries, to passengers of the smaller vehicle.
The following are the most common types of car accidents in Nova Scotia.
- Rear-End Collisions: These are among the most common accidents and generally happen when a vehicle follows too closely behind another, leading to a collision.
- Intersection Accidents: Nova Scotia’s intersections, with many types of traffic signals and rules, can be hotspots for accidents. Running a red light, failing to yield, and other violations can result in intersection accidents.
- Single-Vehicle Accidents: These accidents typically happen when a driver collides with an object, such as a tree or guardrail, runs off the road, or loses control of their vehicle.
- Multi-Vehicle Collisions: These accidents involve more than two vehicles and generally happen on busy highways or in adverse weather conditions.
- Pedestrian and Cyclist Accidents: The beautiful landscapes of Nova Scotia attract walkers and cyclists. Unfortunately, pedestrian accidents or those involving cyclists can have severe consequences.
The Legal Framework for Car Accidents in Nova Scotia
Navigating the legal landscape in Nova Scotia after a car accident can be complex. Understanding the key legal elements of personal injury claims is crucial for seeking compensation.
No-fault insurance
Nova Scotia operates under a no-fault insurance system. Regardless of who was at fault, you need to first turn to your insurance provider for certain benefits, such as medical expenses and rehabilitation costs for short- and long-term disability.
Automobile accident insurance benefits
Section 159 of the Nova Scotia Insurance Act requires automobile insurance contracts to include accident benefits regardless of fault, which protects accident victims from out-of-pocket expenses up to a certain amount.
The specifics under Schedule 2, called Section B benefits, include medical treatment, rehabilitation, and funeral expenses limited to $50,000 per person. It also provides death benefits and loss of income for surviving family members.
Third-party liability insurance
In addition to the no-fault insurance system, drivers in Nova Scotia are also required to carry third-party liability insurance. This covers the costs of injuries or property damage to someone else, not you or your passengers, in a car accident. The minimum required coverage is $500,000, but many drivers opt for higher amounts.
Uninsured and underinsured motorist coverage
Uninsured and underinsured (UIM/UI) motorist coverage is mandatory in Nova Scotia’s auto insurance policies. This provides coverage if you’re involved in an accident with a driver who either doesn’t have insurance or doesn’t have enough insurance to cover your injuries. You can find your (UIM/UI) coverage under Section D of your policy.
Tort claims
The no-fault system allows access to certain benefits without proving fault, but they might not cover all your losses. Fortunately, you can file a civil action against the at-fault driver if you have suffered severe injuries. In a tort claim, you seek compensation beyond the no-fault benefits for pain and suffering, loss of future income, and other non-economic losses.
Steps To Take After a Car Accident in Nova Scotia
If you were involved in a car accident in Nova Scotia that wasn’t your fault, you can maximize your chances of making a successful car accident claim by following the proper steps.
Stay at the scene
Section 97 of the Motor Vehicle Act requires everyone involved in a car accident to remain at the scene. Leaving the area makes it a hit-and-run, which is a criminal offence.
However, your priority should be safety, and if it’s safe, move your vehicle to the side of the road to prevent further accidents. Check to see if anyone else is injured and assist as needed.
Report the accident
In Nova Scotia, you’re not required to report a car accident for property damage less than $2,000. However, regardless of property damage, you need to report it if there are injuries or deaths. You can also involve the authorities if there’s a dispute regarding fault.
In any event, contact 911 and have the police document the scene so that you can get a police report, which will help you with your personal injury claim.
Get information
Exchange insurance and contact information with the other parties involved in the accident. If there are any witnesses, you should also collect their contact information.
Seek medical attention
Even if your injuries seem minor, seeking medical attention is crucial, as some injuries might not be immediately apparent and may appear later. Moreover, documenting your injuries and getting a medical report is very important for your personal injury insurance claim.
Notify your insurance company
Contact your insurance provider as soon as possible, preferably while you’re still at the scene of the accident. They’ll guide you through the process of making a no-fault claim.
Consult a lawyer
If you suffered injuries or believe that the other driver was at fault, it’s best to consult a personal injury lawyer. An experienced lawyer can provide you with valuable legal advice and will guide you through every step of the process in seeking compensation for your losses.
Proving Fault and Liability
In a negligence-based car accident claim, proving fault and liability is critical. To establish negligence, you need to demonstrate the following:
- Duty of Care: Everyone on the road has a duty not to harm others, such as other drivers, cyclists, and pedestrians.
- Breach of Duty: They breached that duty, such as by speeding, running a red light, or driving recklessly.
- Causation: The breach caused the accident and your injuries.
- Damages: You suffered injuries or losses from the accident, such as medical bills, property damage, or pain and suffering.
Understanding Contributory Negligence
Nova Scotia has a modified form of contributory negligence, which means that you can claim compensation even if you’re partially at fault. However, Chapter 95 of the Revised Statutes, 1989, empowers the court to assign fault and reduce any awards by percentage of fault. For example, if the court awards you $100,000 but finds you 20% at fault for the car accident, then you’ll only receive $80,000.
The Importance of Gathering Evidence
Collecting evidence is crucial in establishing fault in a personal injury claim. Here are some key types of evidence to gather:
- Police Report: The official accident report can be a valuable source of information.
- Eyewitness Statements: Statements from witnesses can help establish what happened.
- Photographs: Take photos of the accident scene, damage to vehicles, and your injuries.
- Medical Records: Documenting your injuries and treatment is very important.
- Expert Testimony: Expert witnesses, such as doctors and accident reconstruction experts, can provide specialized knowledge about the accident.
- Surveillance Footage: Any surveillance footage of the accident or intersection can be valuable.
The Role of Insurance Companies
Working with insurance companies is often adversarial. While your insurance provider is responsible for certain benefits under the no-fault system, they may still try to minimize how much they pay you. Insurance adjusters and the at-fault party’s insurer may contact you.
It’s important to be cautious when dealing with insurance companies. Their primary goal is to minimize their payouts, and they may attempt to settle your claim for less than what it’s worth. Consulting a personal injury law firm will help you get the compensation you deserve.
Statute of Limitations
The Nova Scotia Limitation of Actions Act provides the deadline by when you must file a personal injury claim. You have two years to file a lawsuit after an accident, but there are exceptions, and the circumstances of your case may affect this timeframe or limitation period.
Consult a Personal Injury Attorney
Navigating the legal aspects of car accidents and personal injury claims in Nova Scotia can be challenging. A skilled lawyer will help you collect evidence, negotiate with insurance companies, and argue your case in court so that you get the compensation you deserve. Their expertise and guidance can give you peace of mind during this challenging time.
Diamond & Diamond Nova Scotia specializes in personal injury claims for car accidents. The legal team can explain your legal options and significantly improve your chances of receiving compensation for your injuries.
They may also work on a contingency fee basis, which means that you won’t have to pay any legal fees upfront. With proper guidance and legal support, you can take the necessary steps to get the compensation you deserve.
If you or a loved one were injured in a car accident in Nova Scotia, remember to prioritize safety, seek medical attention, report the accident, and gather evidence. Protect your rights by booking a free consultation with an experienced car accident lawyer and get fair compensation for your losses.
FAQs for Nova Scotia Car Accident Lawyers
What if you don't have car insurance in Nova Scotia?
You are required by law to have car insurance. You must have either an active motor vehicle liability insurance policy or other alternative proof of financial responsibility. The Registry of Motor Vehicles may suspend your licence if you don’t have either. They may also suspend the permit of every vehicle registered in your name.
Are there caps for car accident damages in Halifax?
There are no caps for economic damages for car accidents in the Atlantic provinces, including Nova Scotia and New Brunswick. However, section 5 of the Insurance Act sets a cap on claims for pain and suffering from injuries categorized as minor, such as whiplash. The minor injury cap for 2023 is $10,000. The cap, however, doesn’t apply to other damages, such as loss of earning capacity.
What is the time limit for reporting a Nova Scotia car accident?
If a car accident involves property damage over $2,000, serious injury, or wrongful death, you must call the police as soon as possible. Section 98 of the Nova Scotia Motor Vehicle Act requires parties involved in an accident to file a report within 24 hours.
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