New Brunswick Bicycle Accident Lawyers

A cyclist hit by a car in New Brunswick has the same rights they would have if struck while in their car or as a pedestrian: Section B benefits from the driver’s insurer whatever the fault, and a claim against the driver for everything Section B does not pay. You have two years to file. A New Brunswick bicycle accident lawyer makes sure the insurer treats you as the injured party you are, not as the traffic hazard the adjuster’s first letter often assumes.

The Deadline Is Two Years From Discovery

The Limitation of Actions Act, SNB 2009, c L-8.5 gives two years from the day the claim was discovered and fifteen years from the collision as the outer limit. A cyclist usually knows on the day of the crash that they could have a case against the driver, so treat the second anniversary as the deadline. A minor’s period does not begin until adulthood.

The Driver’s Insurer Pays a Cyclist

A bicycle carries no auto policy. In New Brunswick the Insurance Act, RSNB 1973, c I-12 makes Section B accident benefits available to a person struck by an insured vehicle, paid by that vehicle’s insurer. If the driver fled or was uninsured, your own household auto policy, if there is one, steps in, and after that the Facility Association. The tort claim for pain and suffering is subject to the minor personal injury cap in the Injury Regulation, NB Reg 2003-20, if the injury is a sprain, strain or whiplash that resolves. Road rash, fractures, a head injury from the fall and dental injuries are not caught by it.

Insurers Argue Contributory Negligence Against Cyclists

Drivers’ insurers argue contributory negligence against cyclists more than against any other claimant. The arguments include no helmet, no lights, riding on the sidewalk and rolling a stop. Some succeed and reduce the award by a percentage. Most fail on the evidence. The Motor Vehicle Act gives a cyclist the same rights and duties as a driver, and a helmet only matters if the injury it would have prevented is the injury being claimed.¹ We collect the police report, dashcam and doorbell footage, and the vehicle’s damage before the argument is made.

Where a New Brunswick Bicycle Accident Lawyer Files

The claim is filed in the Court of King’s Bench of New Brunswick. After the statement of claim come document exchange, discovery examinations, a settlement conference, and a trial date if the claim does not settle. Mediation is optional and happens only if both sides agree to it.

WorkSafeNB Covers Cyclists Hurt at Work

A courier or a worker cycling between sites is covered by WorkSafeNB, and a covered worker cannot sue the employer, though the claim against the driver remains.

Does the Driver’s Insurer Have to Pay My Physiotherapy?

Yes, under Section B, up to the policy limits and while the treatment is reasonable, whether or not you were at fault. Send the invoices to the adjuster. Do not wait for the tort claim.

The Driver Says I Came Out of Nowhere. Does That End the Claim?

No. It starts an argument about apportionment, which is decided on the physical evidence and the witnesses and does not rest on the driver’s account. A driver who did not see a cyclist on a straight road has a lookout problem and no defence.

My Bike Was Destroyed. Who Pays for It?

The driver’s insurer, as property damage, separate from the injury claim and usually settled early. Keep the bike and photograph it before anyone repairs or discards it.

Should I Speak to the Driver’s Adjuster?

Refer them to your lawyer. An early recorded statement, given before you know how your injuries will develop, is used to keep the claim under the cap.

Our reported decisions are on the results page. The firm’s bicycle accident guide covers helmets and lights in more detail.

No Fee Unless the Claim Resolves

The first call is free and a lawyer takes it. There is no fee unless the claim resolves. Contact the firm, or read what the firm can do.