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Insurance cap gets bump
N.S. triples limit on payout
for minor injuries from
motor vehicle crashes
By JEFFREY SIMPSON
Provincial Reporter,
Chronicle Herald
Wed. Apr 28 - 3:28 PM
Read full article - http://thechronicleherald.ca
/Front/9016198.html
Read Bill No. 52(amended)
view news archive
Read Issue Seven of
The Quill
Boyne Clarke
Personal Injury Newsletter
* Pedestrians -
Know Your Rights
* Government commits to
improving pedestrian safety
* and more...
read The Quill
"Because of Matt and his team at Boyne Clarke my son's future is so much brighter and I would recommend him to any one of my friends or family who needed sincere, informed professional advice. From my son and the very bottom of my heart, thank you Matt." - Weston Myatt (read full account) other testimonials
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If you are involved in a collision...
If you are injured or involved in a car accident and think you may need a lawyer,
click on the links below for vital information and assistance:
ANSWERS
Are There Any Steps I Should Take Right After a Collision?
Yes. Contact our office. Matt Napier is here to assist you..
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Know Your Rights
Many people who are injured in automobile accidents believe that they do not have a right to sue for damages because of the no-fault insurance scheme. This is simply not true. Click here for more information.
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When Can I Sue the Other Driver for Damages?
Generally you can sue the driver responsible for the accident, and have the appropriate insurance company respond to the claim. You may still sue the negligent driver even if you or the family member is partly responsible for the accident.
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Your Right to Sue for Damages: Restrictions and Timing
Generally, since Nov. 2003, you have three years from the date of the accident to sue the negligent driver(s) for your injuries. This limitation period may be extended under certain special circumstances. It is prudent to sue the other driver(s) within two years of the accident.
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What if the Other Driver Has No Insurance,
or You Are Struck By a Hit-and-Run Driver?
You can still sue your own insurance company for damages if the responsible driver(s) has no insurance or if you were injured by a hit-and-run driver. You are insured in these circumstances under your own automobile insurance, if your spouse has automobile insurance, or if you live with your parents and are dependant upon them and they have insurance. You may also be covered where your employer, your spouse's employer, or your parents' employer provides regular use of a vehicle. Most people have insurance limits of $500,000 and if you are unsure of your insurance limits then you should ask your insurance agent.
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All about: 'Section B' Coverage
In the event of a motor vehicle collision, it is important for you to know that you have available to you certain specific coverage under the motor vehicle insurance policy for the vehicle you were in at the time of the collision.
The insurance company for the vehicle you were in at the time of the collision is likely responsible for certain payments to be made to you, regardless of who was at fault for the collision. There is coverage for medical, rehabilitation, funeral expenses, death benefits and loss of income payments - as set out in the Standard Auto Policy of Insurance, Section B. These benefits provide early, and interim, financial relief - particularly for coverage of medical treatment.
These benefits are also available to any person who is "an occupant" of another vehicle through that vehicle owner's insurance company. These benefits are also available to a pedestrian, from the insurer of the motor vehicle that has struck the pedestrian.
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How Insurance "Caps" Can Affect You, If You've Had a Collision
There has been a great deal of discussion over changes to automobile insurance claims since November 1, 2003. At this point, the law is still evolving, but what is clear is this: claims are not "capped" at $2,500 for motor vehicle cases.
If you are involved in a collision we would encourage you to seek legal counsel immediately so you can protect your rights. We have the largest team of lawyers and support staff handling personal injury cases in the Province and would be pleased to determine if you have a valid claim. Payment options, including contingency fee agreements, are structured to suit clients' needs.
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What Can I Recover if I Sue the Other Driver?
Your recovery of damages will include compensation for your economic losses, your loss of earning capacity, your pain, suffering, loss of enjoyment of life, and for the loss of a family member's care, guidance, and companionship. You can also recover damages for health care expenses, especially if you have suffered a catastrophic impairment.
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Complicating Factors
There are many factors involved in a personal injury case: if you have lost wages as a result of the injuries; have lost your job entirely; have a stay in hospital; have had previous health problems that are now affecting recovery from the injury in question. Any of these situations, and more, could impact on the amount of compensation you receive. Therefore, it is highly recommended that any person who claims to have suffered injuries as a consequence of someone else's fault or negligence, seek legal advice at the first opportunity. Matt Napier and his team love a challenge and we are pleased to help.
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The Napier Legal Team, part of the Boyne Clarke law firm - www.boyneclarke.ns.ca - is located at 33 Alderney Drive, Suite #600, Dartmouth, N.S. Canada B2Y 3Z5 P.O. Box 876
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