Newfoundland Car Accident Lawyers

Newfoundland and Labrador crash claims turn on two facts that need checking in the first week. Your pain and suffering award carries a $5,000 deductible, not a cap. Your own Section B coverage may not exist unless you bought it. A Newfoundland car accident lawyer checks both before valuing anything.

Two Years to Sue, and What a Newfoundland Car Accident Lawyer Checks First

The Limitations Act, SNL 1995, c L-16.1 sets two years for a personal injury action under s. 5. Section 14 ties the start of that clock to discovery, so a claimant who could not reasonably have known about the injury or who caused it has an argument that the period began later. Section 15 postpones the period while the claimant is a minor. A crash victim who was a child at the time keeps their claim open past the second anniversary. The parent should not rely on that. Witnesses move and camera footage is overwritten inside a month.

Newfoundland and Labrador Applies a $5,000 Deductible Instead of a Cap

Newfoundland and Labrador took a different route from the other Atlantic provinces. There is no minor injury cap. Under the Automobile Insurance Act, RSNL 1990, c A-22, a deductible is subtracted from the non-pecuniary damages, the pain and suffering component, in any motor vehicle claim. For accidents on or after 1 January 2020 the deductible is $5,000. A soft tissue injury is not capped at a fixed figure the way it is in Halifax or Moncton. The court values it in full, then subtracts the deductible. Income loss, future care and out of pocket costs are not touched by the deductible. The mechanics are set out in our post on the minor injury deductible in Newfoundland.

The Supreme Court Hears the Claim and Most Files Settle After Discovery

A contested claim is filed in the Supreme Court of Newfoundland and Labrador, General Division. Claims valued at $25,000 or less can go to Small Claims Court, which suits few injury files. The sequence is a demand letter to the at fault driver’s insurer, a statement of claim if the insurer will not pay a fair figure, exchange of documents and medical records, examinations for discovery, then mediation or a settlement meeting. Most files settle after discovery. The rest are set down for trial.

Section B Is Optional, and WorkplaceNL and MCP Sit Alongside It

Section B accident benefits are optional here. A driver who did not add them has no no-fault medical, rehabilitation or weekly income coverage on their own policy. Read the declarations page before assuming anything. If Section B was purchased, it pays treatment and a weekly amount regardless of fault, and the balance is claimed from the at fault driver. Our post on Section B benefits in Newfoundland walks through the application. Two other layers sit alongside: WorkplaceNL covers a worker hurt while driving for work and bars a suit against the employer, and MCP can recover the cost of the health care it paid from the wrongdoer, which we add to the claim.

The St. John’s Office Serves the Whole Province

The St. John’s office serves the whole province, including Labrador. Michael Murphy, K.C. leads the St. John’s files. Every practice group the firm runs is listed at injury law areas.

Does the $5,000 Deductible Apply to Every Injury?

It applies to the pain and suffering portion of every motor vehicle injury claim for a crash on or after 1 January 2020, whatever the severity. On a large award it is a small fraction. On a minor claim it can be most of the general damages. On those files the income and expense heads carry the claim, so document them with care.

What If I Never Bought Section B?

Then there is no first party no-fault coverage on your policy. Treatment is paid through MCP where it is covered, or out of pocket, and the full cost is claimed back from the at fault driver’s insurer as special damages. Keep every receipt.

Does a Seatbelt or a Share of Fault Reduce the Claim?

A court can reduce damages by the share of fault it assigns to the injured person. Insurers argue contributory negligence in most disputed files, so we gather the collision report, the vehicle damage and any witness statement early.

Can a Newfoundland Car Accident Lawyer Act If the Other Driver Was Uninsured?

Yes. The claim is presented to your own insurer under the uninsured motorist provisions of the policy, and the same deductible and damages principles apply.

See the firm’s reported decisions at best injury results.

No Fee Unless the Claim Resolves

The first call is free and a lawyer takes it. There is no fee unless the claim resolves. The St. John’s office opens the file. Contact the firm, or read what the firm can do.