What Are Section B Benefits and Why Are They Important to My Halifax Car Accident Claim?
If you have been injured in a car accident in Halifax, it is important to familiarize yourself with Section B insurance coverage. This coverage allows you to seek benefits from your insurance company even if you were fully or partially responsible for causing the collision.
“First Person” or “No Fault” Car Accident Insurance
Section B coverage refers to insurance benefits that you are entitled to receive under the standard automobile insurance policy in Nova Scotia. The reason the benefits provided under Section B are commonly referred to as “first person” or “no fault” coverage is because your insurer is obligated to pay you regardless of fault. This means that even if you injure yourself in a single-car accident, you are still entitled to benefits from your insurance company for:
- Medical bills
- Rehabilitation expenses
- Loss of income
Importantly, Section B covers more people than just the policyholder. Section B’s “no fault” benefits are available to:
- The driver of the insured vehicle
- Any passengers in the insured vehicle
- Pedestrians who are hit by an insured vehicle
- Dependents and family members who were occupants of other vehicles
How Much Can I Recover Under Section B?
Medical and Rehabilitation Expenses
Section B’s “no fault” insurance coverage provides benefits for all reasonable medical and rehabilitation expenses that are necessary as a result of your car accident. However, Section B benefits are not unlimited. The rule is that your medical and rehabilitation expenses will be covered up to $50,000 or four years after the accident, whichever comes first.
So, if you suffer severe injuries and require extensive inpatient care, you may use up all of your Section B benefits in the first year after your accident. On the other hand, if you suffer injuries requiring treatment and rehabilitation that costs $10,000 per year, you will be fully covered for four years. But, in year five, even though you have not spent the full $50,000, your Section B benefits will have expired. You can’t “bank” the extra money or get a rebate for the unused benefits.
Loss of Income
Under Section B, you are also entitled to receive weekly income loss payments if:
- (i) The accident leaves you disabled; and
- (ii) You were employed at the time of the accident or within the six months prior to the accident.
As an accident victim covered by Section B, you can claim income loss benefits for:
- Up to two years if you are not able to return to your prior job; and
- After two years if you are not able to return to any job for which you are suited based on your education, training, and previous work experience.
Section B covers up to 80 percent of your “net income loss” as a result of the accident. This means that you are entitled to receive 80 percent of your take-home pay after deducting CPP, employment insurance, union dues, and any other amounts typically subtracted from your paycheque. However, like medical and rehabilitation benefits, loss-of-income benefits are capped under Section B as well. The maximum income loss payment under Section B is $250 per week.
For More Information, Contact McKiggan Hebert Lawyers Today
The lawyers at McKiggan Hebert Lawyers have decades of experience helping clients recover maximum compensation for car accidents in Nova Scotia. Before you contact your insurance company, it is critically important that you consult with an experienced accident lawyer about your claim. For a free, no-obligation consultation, please call (902) 423-2050 or contact us online today.