Motor Vehicle and Car Accidents

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Tara Miller, Partner

tara@mdwlaw.ca

902.422.5881

Being involved in a motor vehicle or car accident can be a traumatic experience.  MDW Law in Halifax can help you navigate the legal issues that can result from the accident. There are up to three different types of claims that can be made following a motor vehicle accident. MDW Law’s personal injury team has vast experience in addressing each type and provides a free consultation to discuss your specific situation.

1.  Claims for Personal Injury

If you were injured in a motor vehicle or car accident and another person was at fault, then you are eligible to claim for personal injury compensation. This claim includes financial compensation for the losses you have suffered (or will suffer) because of injuries from a motor vehicle accident. Personal injury claims typically include damages for pain, suffering and loss of enjoyment of life, past and/or future loss of income, loss of housekeeping ability, past and/or future medical expenses and any out of pocket expenses you have incurred as a result of being involved in a motor vehicle accident. The amount you will be entitled to receive will be based on the impact the injury has had on your life.

Personal injury claims are advanced against the at-fault driver through their insurance company. There are important deadlines which apply to personal injury claims. In most situations, the deadline to file a lawsuit is 2 years from the day of the accident but there are special circumstances that may impose deadlines as short as one year. Missing a deadline is a serious problem and can result in you losing your right to pursue compensation. Claims can be settled before the deadline expires without having to file a lawsuit if appropriate.

2.  Claims for Property Damage 

If your vehicle is damaged, as a result of an accident, then you may have the right to make a claim for the cost of the repairs or for the actual cash value of your vehicle if it is damaged beyond repair. You are also entitled to claim for damage to items that were in the vehicle at the time of the accident. This claim is typically advanced through your own automobile insurance.

3.  Claims for No-Fault Accident Benefits – Section B

If you are injured as a result of the accident, then you will likely be entitled to make a claim no-fault accident benefits through Section B of your own automobile insurance policy. These benefits are “no-fault” meaning they are available regardless of whether you were responsible or “at fault” for the accident. Section B no-fault benefits include things such as reasonable and necessary medical expenses incurred within four years from the date of the accident (up to a maximum of $50,000), monthly disability payment for loss of income (up to a maximum of $250/week), weekly compensation for homemakers and funeral, grief counseling and death benefits if a family member is fatally injured in a collision.

A driver or passenger in a car or other vehicle will advance a claim for no-fault benefits through the insurance policy covering the vehicle they were in. A pedestrian or bicyclist hit by a vehicle will advance a claim for no-fault benefits under the vehicle’s insurance policy. If you’ve been in a car or other motor vehicle accident and need legal help, please contact us at our Halifax office.

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