New Brunswick Motorcycle Accident Lawyers

After a motorcycle crash in New Brunswick, the adjuster usually assigns fault to the rider before anyone has measured a skid mark. A New Brunswick motorcycle accident lawyer starts by fixing fault with the physical evidence, then deals with the cap, Section B and the deadline, all under New Brunswick law.

Two Years to Sue, Counted From Discovery

Under section 5(1)(a) of the Limitation of Actions Act, SNB 2009, c L-8.5, the action must be started within two years of discovering the claim. A rider knows the claim exists the day of the crash, so plan on two years from that day. Section 5(1)(b) sets an ultimate period of fifteen years from the act or omission. A rider under nineteen gets the benefit of section 18: the period does not run while they are a minor.

Why the Injury Cap Matters Less for Riders

The Insurance Act, RSNB 1973, c I-12 limits pain and suffering for a minor personal injury through the Injury Regulation (NB Reg 2003-20), indexed every year. Motorcycle collisions produce fractures, road rash, head injuries and joint damage, which usually take the claim outside the definition of a minor personal injury. Where the insurer says the cap applies, we obtain the medical evidence that shows the injury is not minor. The 25 percent seatbelt reduction in section 265.2 is written around seatbelts. Insurers argue helmet use as ordinary contributory negligence instead.

The Claim Runs Through the Court of King’s Bench

Suits are filed in the Court of King’s Bench of New Brunswick, Trial Division. A judge alone hears most injury trials. Before trial there is a demand, pleadings, document exchange, discovery, expert reports on the crash and the injury, and mediation. Fault in motorcycle cases turns on skid marks, damage patterns, sight lines and speed, so we gather the reconstruction evidence early. The motorcycle accident claim process in New Brunswick is set out in our post.

Section B Is on the Motorcycle Policy, and WorkSafeNB and Medicare May Also Be Involved

Section B accident benefits form part of every New Brunswick auto policy, including a motorcycle policy. They pay medical and rehabilitation costs, weekly income replacement, and funeral and death benefits without regard to fault. The rest of the loss is recovered from the at-fault driver. A courier or delivery rider hurt on the job may be covered by WorkSafeNB under the Workers’ Compensation Act and cannot sue the employer, but keeps a claim against the third-party driver. New Brunswick Medicare may recover its treatment costs from the wrongdoer inside the claim.

Riders anywhere in the province are served from the Moncton office, and from Saint John.

The Driver Says They Never Saw Me. Is That a Defence?

No. A driver who turns across a rider’s path or changes lanes into a bike has failed to look. Not seeing a motorcycle is the negligence, not an excuse for it.

What Does a New Brunswick Motorcycle Accident Lawyer Need From Me?

Keep the helmet, jacket and bike as they are. Photograph the scene and your injuries. Get the police file number. Do not give the other insurer a statement.

Will My Own Insurer Treat Me as the at-Fault Party?

Your insurer pays Section B whoever caused the crash. Fault is decided in the liability claim, not by the adjuster paying your physiotherapy.

Can the Insurer Use Surveillance Against a Rider?

Yes, and insurers do. If your doctor has recorded that you cannot lift, the video of you lifting a kayak will be shown at discovery.

What New Brunswick Courts Have Awarded

Allen v. Doiron, 2026 NBKB 049, decided in the Court of King’s Bench in Moncton, assessed damages at $3.3 million. Trainor v. DeArcos, 2025 NBCA 131 is a $2.3 million chronic pain result upheld on appeal. Both are listed with the firm’s other reported decisions.

Other injury law areas are listed on the hub page. A New Brunswick motorcycle accident lawyer at this firm charges no fee unless you recover.