New Brunswick Car Accident Lawyers

Hurt in a collision in New Brunswick? A New Brunswick car accident lawyer at Mike Murphy Law Group can tell you within one call whether the minor injury cap is likely to apply, what Section B should be paying you now, and how long you have to sue.

The Limitation Period Is Two Years From Discovery

The Limitation of Actions Act, SNB 2009, c L-8.5 sets the deadline. Section 5(1)(a) gives you two years from the day you discovered the claim. For a crash that is almost always the crash date. Section 5(1)(b) adds an outer wall of fifteen years from the collision itself. If the injured person is a minor, section 18 stops the clock until they reach adulthood. Missing the two years ends the claim, so the date goes on the file the day we open it.

The Cap Limits Pain and Suffering and the Seatbelt Rule Cuts 25 Percent

New Brunswick caps pain and suffering for a minor personal injury under the Injury Regulation (NB Reg 2003-20), made under the Insurance Act, RSNB 1973, c I-12. The figure is indexed each year. The cap applies only to non-pecuniary damages and only where the injury fits the regulation’s definition. Income loss, care costs and future treatment are claimed separately from the cap. Section 265.2 of the Act cuts damages by 25 percent where the plaintiff was not wearing a seatbelt and that contributed to the injury. Our post on the minor personal injury cap in New Brunswick explains how the definition is argued.

A New Brunswick Car Accident Lawyer Takes the Claim to the Court of King’s Bench

Claims are filed in the Court of King’s Bench of New Brunswick, Trial Division, which has courtrooms in Moncton and Saint John among other centres. Most injury trials are decided by a judge alone. The sequence is a demand to the at-fault driver’s insurer, a statement of claim, exchange of documents, examinations for discovery, medical assessments, usually a mediation, and a trial if the insurer will not pay what the evidence supports.

Section B Pays First, Then the at-Fault Driver

Section B benefits are part of every New Brunswick auto policy and pay regardless of fault: medical and rehabilitation expenses, weekly income replacement, and funeral and death benefits. They come from your own insurer, or the insurer of the vehicle you were in. Everything Section B does not cover is claimed from the at-fault driver. If you were driving for work, WorkSafeNB may cover you under the Workers’ Compensation Act, and a covered worker cannot sue the employer, though a claim against an outside driver can still proceed. Medicare may recover the province’s health care costs from the wrongdoer as part of the claim.

Our Moncton office serves the whole province, with lawyers also at the Saint John office.

Do I Have to Give a Statement to the Other Driver’s Insurer?

No. Their adjuster works for their insured. You must cooperate with your own insurer to keep Section B flowing, and we handle that correspondence with you.

How Long Does a New Brunswick Car Accident Claim Take?

Most files settle after the injured person reaches maximum medical improvement, because settling before then invites the defence to argue you will recover further. Where recovery is complete early, an earlier settlement can be right.

What If I Was Partly at Fault?

Fault is apportioned. A share of blame reduces the award by that share; it does not end the claim. The seatbelt reduction is separate and fixed at 25 percent.

What Happens When Section B Runs Out?

The balance of your loss, including pain and suffering, past and future income and care beyond the policy, is claimed from the at-fault driver’s liability coverage.

The Reported Decisions Are Allen and Trainor

In Allen v. Doiron, 2026 NBKB 049, the Court of King’s Bench in Moncton assessed damages at $3.3 million and applied the 25 percent seatbelt reduction. In Trainor v. DeArcos, 2025 NBCA 131, the Court of Appeal upheld $2.3 million in a chronic pain case. Both are on our results page.

See the full list of injury law areas. There is no fee unless a New Brunswick car accident lawyer recovers for you.