Car Accident Injury – Insurance Claims – Halifax Lawyer

On May 11, 2010, Bill 52 – An Act to Amend Chapter 231 of the Revised Statutes, 1989, Insurance Act, officially became law in Nova Scotia.  Bill 52, and the Automobile Accident Minor Injury Regulations (unofficial version) create the new $7,500 Cap that will govern injury claims from car accidents in Nova Scotia on or after April 28, 2010. The test for whether the $7,500 Cap will apply to your case is set out at section 113E of the Insurance Act, which is further defined in the Automobile Accident Minor Injury Regulations.

Bill 52 keeps the $2,500 Cap. It will apply to you if you were injured in a car accident, motorcycle accident, truck accident, bicycle accident or pedestrian-car accident on or before April 27, 2010. The test for whether the $2,500 Cap will apply to you is set out at Section 113B of the Insurance Act, which is further defined in the Automobile Tort Recovery Limitation Regulations.

It is important to know that the $2,500 Cap and the $7,500 Cap only applies to claims for pain, suffering and loss of enjoyment of life. Other parts of an injury claim, including loss of past/future income, medical expenses, and loss of ability to do housekeeping and yardwork are paid on top of the $2,5000 or $7,500 Cap.

Before settling your injury claim it is important that you educate yourself about the insurance company’s obligation to pay compensation in your situation.