Newfoundland Motorcycle Accident Lawyers

Riders in Newfoundland and Labrador face two problems at once. The insurer assumes the motorcyclist caused the crash, and the rider’s injuries are usually worse than the driver’s. A Newfoundland motorcycle accident lawyer answers the fault assumption and pursues full compensation for those injuries, less the provincial deductible.

The Limitations Act Gives a Rider Two Years From the Crash

Section 5 of the Limitations Act, SNL 1995, c L-16.1 gives a rider two years to start a personal injury action. Under s. 14 the period runs from when the claim was discovered or ought to have been. Section 15 holds the clock while the injured person is a minor, which covers a teenage passenger. A motorcycle claim rarely benefits from the discovery rule, because the injury is obvious on the day, so treat the crash date as day one.

The $5,000 Deductible Comes Off Pain and Suffering Only

Newfoundland and Labrador does not cap pain and suffering for minor injuries. The Automobile Insurance Act, RSNL 1990, c A-22 instead applies a deductible of $5,000 to non-pecuniary damages for accidents on or after 1 January 2020. Against an award for a fractured femur or a brain injury, $5,000 is a small fraction. Against an award for road rash and a sprained wrist, it can be most of the general damages. Loss of income, the cost of care and the bike itself sit outside the deductible.

The Supreme Court Hears the Claim and Reconstruction Evidence Comes First

The Supreme Court of Newfoundland and Labrador, General Division, hears a disputed motorcycle claim. Small Claims Court takes matters up to $25,000 and is rarely the right venue for a serious injury. The insurer’s fault argument is usually built on speed, lane position or visibility, so the claim starts with reconstruction evidence. Skid marks, the point of impact, helmet and gear, dashcam or business camera footage, and the other driver’s statement. The demand goes out once the medical picture is stable. If the offer is short, the statement of claim is filed, and the file moves through discovery to mediation or trial.

Section B Is Optional for Riders, and WorkplaceNL and MCP May Also Apply

Section B accident benefits are optional in this province. Many riders decline them to keep the premium down, then find they have no weekly income replacement and no treatment funding after a crash. Check the motorcycle policy and the policy on any car in the household. A household policy with Section B may respond. Our post on Section B benefits in Newfoundland explains who can claim. A courier or other worker riding on the job falls under WorkplaceNL and cannot sue the employer, though a claim against the at fault driver remains. MCP recovers its health care costs from the wrongdoer through the same action.

The St. John’s Office Runs Motorcycle Claims Under Michael Murphy, K.C.

Motorcycle files across the island and Labrador are handled from the St. John’s office, with Michael Murphy, K.C. leading. The full list of claims the firm takes is at injury law areas.

Will a Newfoundland Motorcycle Accident Lawyer Fight the Fault Finding?

Yes, and it is usually the first fight. Adjusters assign fault to a rider on assumptions about speed before anyone has measured anything. Independent reconstruction and witness evidence reverse that in many files. Even a shared fault finding still pays a proportionate recovery.

Does Riding Without a Helmet Reduce the Award?

A court can reduce damages where the injured person failed to take a reasonable precaution and that failure worsened the injury. The reduction is argued case by case rather than fixed by statute for motorcyclists.

What Can I Claim Beyond Pain and Suffering?

Past and future income loss, the cost of future care, housekeeping loss, the damaged motorcycle and gear, and the subrogated MCP amount. Only the pain and suffering head is reduced by the $5,000 deductible.

How Long Does a Motorcycle Claim Take in This Province?

The medical prognosis governs. Fractures and surgeries take a year or more to stabilise, and settling before that point undervalues the future care head. Two years from crash to settlement is common; a trial takes longer.

Reported decisions handled by the firm appear at best injury results. The general principles on pain and suffering compensation in Canada apply before the deductible is taken.

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.