Suing After a Car Accident in New Brunswick

Suing after a car accident in New Brunswick means starting an action against the at fault driver in the Court of King’s Bench of New Brunswick, under the province’s Rules of Court. The claim is separate from the no fault benefits your own policy pays after a car accident, and both proceed together. The province’s minor injury cap may limit part of what the claim recovers, which makes the medical evidence gathered early important to its value.

Suing After a Car Accident in New Brunswick Starts in the King’s Bench

The Court of King’s Bench is the trial court for civil claims of this kind in New Brunswick, and a claim is started there by filing a notice of action with a statement of claim and serving it on the defendant. Smaller claims can be brought in the Small Claims Court of New Brunswick, which is faster and cheaper but subject to a monetary limit set by regulation. Court information and the Rules of Court are published by the New Brunswick courts.

The Deadline to File

New Brunswick’s Limitation of Actions Act sets a general limitation period of two years, running from the day the claim was discovered rather than in every case from the day of the collision, with a longer outside limit that applies regardless of discovery. Claims involving a minor, a person under disability, or a municipal or provincial defendant can carry different or shorter requirements. The deadline is confirmed against the statute at the start of the file, because a missed limitation period ends the claim whatever its merits.

Fault and the Defence Insurer

The defendant is named as the driver, but the defence is conducted and paid for by that driver’s insurer. New Brunswick applies contributory negligence, so an award is reduced by the share of fault attributed to the injured person. Seat belt use and speed are the usual points raised. Liability is often admitted early, after which the dispute is about the injuries alone.

From Defence to Resolution

After the defence is filed the parties exchange documents and are questioned at an examination for discovery. The defence typically arranges its own medical examination. When the injury has stabilised the file is valued, which is where the New Brunswick minor injury cap is argued and where the assessment described in the general damages guide applies. Most files settle at or after that stage.

What the Firm Does

The firm opens the benefits claim, preserves the limitation date, and runs the action on New Brunswick car accident files, with no fee unless the claim resolves. The opening chapter of this guide sets out the sequence that applies across the region.