Mitigation for Car Accident Victims

In Nova Scotia, automobile insurance is mandatory. There are some types of compensation that you will be entitled to receive through your own insurance company. If you are not at fault for the accident, you are entitled to compensation from the other driver, which is covered by their insurer.

What compensation comes from the other driver’s insurer?

The other driver, through their insurer, is liable to pay you for your pain and suffering, any and all wage loss for which you have not been compensated, the cost of treatment (for which you have not already been compensated), future loss of income, compensation for the loss of your ability to do household chores, cost of future care, out of pocket expenses, interest and legal fees.

It is strongly advisable to hire a lawyer to negotiate your settlement with the at-fault driver’s insurer. This is because you are not a customer of the other driver’s insurance company, and you cannot expect the insurer to treat you fairly and in good faith. Their goal is not to ensure you are fairly compensated – rather, their goal is to ensure that the insurance company saves as much money as possible.

If the at-fault driver did not have insurance, or cannot be identified, you are able to make a claim against your own insurance company. These types of claims have strict deadlines, so you should contact a lawyer as soon as possible if you have been injured by an uninsured or unidentified driver.

What compensation comes from your own insurer?

Treatment Costs

Note that when we say “your insurer”, we are referring to the insurance company who covers the driver of the vehicle. If you are a passenger in the vehicle, you likewise have a claim to the benefits described below.

Regardless of who is at fault for the motor vehicle accident, your insurer is required to cover certain expenses in the event that you are injured.

Your own insurer is required to pay for reasonable and necessary treatment for 4 years following the accident, for a maximum of $50,000 in treatment costs.

Your insurer is also responsible to pay for the reasonable costs of travelling to and from receiving treatment. Ensure you keep mileage and gas receipts to submit to the insurer.

It is not uncommon for insurers to deny coverage for treatments at some point following a motor vehicle accident, if they feel the treatments are not reasonable or necessary.  Those decisions may not be correct.  If you are denied coverage, you should contact a lawyer to discuss the insurer’s decision.

Wage Loss

 If you miss work within the first 30 days following the accident, for a period of no less than 7 days, you are entitled to receive “weekly indemnity benefits” to cover a portion of your wage loss. The weekly indemnity benefit is either $250/week, or 80% of your gross weekly income, whichever is less.

Weekly indemnity benefits are owing for the first 104 weeks following the accident, so long as you not able to substantially perform your regular job.

Beyond the 104 weeks, you are only entitled to continue to receive weekly indemnity benefits if you are substantially unable to perform any job for which you are qualified by way of education, training or experience.

Be sure to speak to a lawyer if the insurer cuts you off your weekly indemnity benefits before you are able to return to work.

Housekeeping Benefit

If you are completely incapacitated from doing household chores as a result of the motor vehicle accident, the insurer is required to pay you $100 per week for a maximum of 52 weeks.

Funeral Expenses

Your insurer is required to pay up to $2,500 to cover funeral expenses, if someone in the vehicle was killed as a result of the motor vehicle accident.

Death Benefits

If someone is the head of a household, or spouse of the head of a household, and is killed in the motor vehicle accident, the insurer of the vehicle involved is required to pay $25,000 as a death benefit. If the deceased is a dependent, the benefit is $10,000.

Conclusion

In summary, understanding the compensation available to car accident victims in Nova Scotia is crucial for navigating the recovery process. Whether you’re seeking compensation from the at-fault driver’s insurer or from your own, knowing your rights can significantly impact the outcome of your claim. Given the complexities involved, especially in dealing with insurance companies, it is highly advisable to consult with experienced lawyers for car accident victims. They can help ensure you receive the compensation you deserve for your injuries and losses. If you’ve been involved in a car accident, don’t hesitate to reach out for professional legal guidance to protect your interests and facilitate your recovery.