How Do Nova Scotia Courts Handle Uninsured or Underinsured Motorist Claims?

Do you drive in Nova Scotia? Do you have adequate car insurance coverage? You may need more than you think. And if a driver with little or no insurance coverage injures you in Nova Scotia, you may need to have a Halifax traffic accident lawyer explain your options and rights.

Most Nova Scotia motorists presume that if another driver’s negligence injures them, they will be covered automatically by that driver’s insurance. But that presumption is not always true. In the following circumstances, you may not be covered by the other driver’s automobile insurance:

1. The other driver has no liability insurance.
2. The other driver does not have enough liability coverage to pay for your damages.
3. The other driver flees from the crash scene and is never located.

But even in these circumstances, the legal and procedural landscape governing traffic accident injury claims in Nova Scotia ensures that most injury victims can pursue compensation even when the at-fault motorist is uninsured, underinsured, or unidentified.

What Auto Insurance Does Nova Scotia Require?

Motorists in Nova Scotia are legally required to have a minimum of $500,000 in third-party liability insurance. The law requires this coverage, but many motorists drive without it. Some drivers who can’t afford automobile insurance drive anyway, putting others at risk.

Others may have simply overlooked a payment, but their auto insurance coverage has lapsed. What is important to remember is that many uninsured motorists are currently driving in Halifax and across every part of Nova Scotia.

What is Section D Coverage?

Nova Scotia’s system for addressing uninsured and underinsured motorist claims rests on the requirements outlined in the Nova Scotia Insurance Act. Car insurance policies must include Section D coverage for uninsured and unidentified vehicles and third-party liability coverage.

Section D coverage protects Nova Scotia motorists against the financial impact of a crash caused by an uninsured or unidentified driver. Section D coverage is integral to the policyholder’s contract and is not a supplementary fund.

When you file a claim under Section D, you are entitled to recover damages from your insurance provider for bodily injuries, provided you and your Nova Scotia traffic accident lawyer can prove the uninsured motorist was driving negligently.

What If Your Insurer Denies Your Claim?

You must report accidents to the police within twenty-four hours and give written notice to your insurer within thirty days. These requirements allow an insurer to conduct a timely investigation. If your insurer denies your Section D claim, your lawyer may recommend suing your insurer.

If you sue, the insurer has the right to defend the claim. A claimant bears the full burden of proving the case. When a dispute arises between a claimant and the claimant’s auto insurance provider, and the parties cannot settle out of court, the Nova Scotia courts act as the final arbiter.

Going to court requires a claimant to prove the uninsured driver’s negligence and the full extent of the damages. The insurer can mount a defence and challenge the claim on liability, extent of damages, or failure to meet a policy condition. The courts work to ensure that Nova Scotia’s compulsory insurance requirements provide meaningful protection for accident victims.

What is Family Protection Endorsement (SEF 44)?

While mandatory Section D coverage addresses the uninsured motorist scenario, the issue of underinsurance is handled through the optional, but highly recommended, Standard Endorsement Form 44 (SEF 44), also known as the Family Protection Endorsement.

SEF 44 offers coverage when an at-fault driver carries some insurance, but the policy limits are not enough to pay a victim’s full damages. If a driver with only a $500,000 limit injures a claimant with $2,000,000 in SEF 44 coverage, the claimant may recover up to $1,500,000.

SEF 44 is an excess policy that only pays the shortfall up to the limit of the SEF 44 coverage. The court process for an SEF 44 claim mirrors an uninsured Section D claim, and the claimant’s insurer becomes the defendant.

Is There a Time Limit for Taking Legal Action?

The “reasonable discoverability” rule is a legal principle that affects the two-year time limit for initiating a legal action. In an uninsured motorist claim, the statute of limitations period may not begin until the claimant learns or should have learned that the at-fault driver is uninsured.

Even if you carry Section D and SEF 44 coverage, your car insurance company could deny your injury claim or offer you only a minimal settlement amount after an accident with an uninsured or underinsured driver.

You may face delays. Your insurance company may not return your calls. If an uninsured, underinsured, or unidentified driver injures you in the Halifax area, and your insurer denies your Section D or SEF 44 claim, seek legal help immediately. Call a Halifax traffic accident lawyer.

If Another Driver Injures You in an Accident

If you suffer an injury in a traffic crash, jot down the other motorist’s license plate number and vehicle description as quickly as possible. Take photos and make notes about the damage to the vehicles, the accident location, and your injuries.

If there are eyewitnesses, ask them for their names and contact details. Eyewitness testimony and photographs that support your injury claim are often convincing evidence in personal injury cases based on traffic accidents.

Why Choose McKiggan Hebert Lawyers?

If you take legal action against your car insurance company after an uninsured or underinsured driver injures you, a Nova Scotia traffic accident lawyer at McKiggan Hebert will protect your rights and interests. We will fight for the justice you need.

At McKiggan Hebert Lawyers, our award-winning personal injury team has decades of legal experience prevailing for our clients in Halifax and across Nova Scotia. You will owe no lawyer’s fee to McKiggan Hebert until we recover your compensation.

If you sustain any injury in any automobile accident that is not your fault, after a healthcare professional has treated you for the injury, immediately call McKiggan Hebert Lawyers at 902-706-2298 to schedule a no-obligation, no-cost initial legal consultation.