Suing After a Car Accident in Atlantic Canada

Suing after a car accident means bringing a claim against the driver who caused the collision, in the superior court of the province where it happened. It is separate from the no fault benefits your own insurer pays, and the two run at the same time. Most claims that are started never reach a trial and resolve once the medical evidence is complete and both sides can value the file.

Who This Guide Is For

Anyone hurt in a collision in Atlantic Canada who has been offered a settlement, or has been told a deadline is approaching, or simply wants the order of events before deciding anything. The steps the firm takes on a car accident file are set out on what we can do for you.

The First Weeks Decide the Evidence

Report the collision to the police and to your own insurer, then get assessed and keep going to the treatment you are sent for. The accident benefits in your own policy start paying medical costs and a weekly amount at this stage, regardless of who was at fault, as set out in the Section B benefits guide. Nothing about opening those benefits gives up the claim against the other driver.

Suing After a Car Accident Starts with a Filed Claim

A claim is started by filing and serving a court document that names the defendant and states what happened and what is claimed. It must be filed before the limitation period expires. In Atlantic Canada that period is generally two years, but it runs from a date defined by the legislation, which is not always the date of the crash, and shorter notice rules apply to some defendants. The deadline is confirmed against the governing statute at the outset of every file, and the provincial statutes are published on CanLII.

What Happens Between Filing and Resolution

The defence insurer files a defence, both sides exchange documents, and each party is questioned under oath at an examination for discovery. Medical evidence is gathered throughout, and the defence usually arranges its own medical examination. Once the injury has stabilised the file can be valued, which is where the general damages assessment in the general damages guide and any provincial cap come in. Settlement discussions or mediation follow. A trial date is set if the file does not resolve.

Suing After a Car Accident Depends on the Province’s Court and Deadline

The court that hears the claim and the deadline that governs it differ by province, so read the rules for suing after a car accident in New Brunswick, Nova Scotia, or Prince Edward Island and Newfoundland and Labrador.