Nova Scotia Bicycle Accident Lawyers

A cyclist hit by a car in Nova Scotia claims against the driver’s insurer. The same policy pays the cyclist’s Section B benefits, even with no auto insurance of their own. A Nova Scotia bicycle accident lawyer gets the benefits flowing, then builds the fault case while the bike and the scene still exist.

A Cyclist in Nova Scotia Has Two Years From Discovery, and the Evidence Goes Stale Sooner

Section 8 of the Limitation of Actions Act, SNS 2014, c 35 applies. It gives two years from discovery, and never more than fifteen years from the collision. Section 19 pauses a child cyclist’s clock until they turn nineteen. Do not treat the two years as time to wait. A right-hook or dooring case is won on the driver’s admissions at the scene and on the damage to the bike, and both kinds of evidence go stale quickly.

The Motorist’s Policy Covers a Cyclist for Section B and Brings the Cap with It

Nova Scotia treats a cyclist struck by a motor vehicle as an insured person under the motorist’s policy. That brings the Insurance Act, RSNS 1989, c 231 into play in two ways. Mandatory Section B benefits come from the driver’s insurer, or from your own auto policy if you have one. The minor injury cap on pain and suffering also applies to the claim. Whether the cap catches a cyclist’s injury depends on the diagnosis. A broken collarbone, a concussion or a torn shoulder is not a minor injury under the Regulations.

A Nova Scotia Bicycle Accident Lawyer Sues in the Supreme Court and Preserves the Bike First

We bring the action in the Supreme Court of Nova Scotia. Either party can demand a civil jury. We think hard about a jury in cycling cases, because attitudes toward cyclists vary. Claims under $25,000 can go to Small Claims Court.

We bring the action in the Supreme Court of Nova Scotia. Either party can demand a civil jury. We think hard about a jury in cycling cases, because attitudes toward cyclists vary. Claims under $25,000 can go to Small Claims Court. The stages are the same as any injury action. Preserve evidence, gather records, quantify the loss, demand, discovery, mediation, trial if needed. The evidence at the start looks different in a cycling case. We photograph the bike before it is repaired, pull the driver’s phone records where texting is suspected, and canvass for video.

Section B Pays Regardless of Fault, WCB May Cover a Courier, and MSI Recovers Its Costs

Section B covers treatment, weekly income replacement, and funeral and death benefits, without regard to fault. A bike courier or a worker cycling between sites may be under WCB Nova Scotia. The Workers’ Compensation Act then bars a suit against the employer and leaves the claim against the driver intact. MSI recovers the province’s treatment costs from the at-fault driver inside the action, under the Health Services and Insurance Act.

We serve Nova Scotia from our Halifax office. Aodhan Murphy and Michael Byrne are the lawyers on these files.

Does Nova Scotia’s One-Metre Passing Rule Help My Claim?

Yes. Nova Scotia requires drivers to leave at least one metre when passing a cyclist. A sideswipe during a pass is strong evidence the driver breached that duty. A court applies it as a rule of the road.

I Was Doored. Who Is at Fault?

The person who opened the door into traffic without checking. That may be a driver or a passenger, and the claim goes against the vehicle’s policy either way.

No Helmet: How Much Does It Cost Me?

Nova Scotia requires cyclists to wear a helmet. Missing one can reduce damages for a head injury on a contributory negligence argument. It does not reduce damages for a broken wrist or a knee. It does not shift the fault for the collision.

Can a Nova Scotia Bicycle Accident Lawyer Claim for the Bike?

Yes. The bike, the helmet and the kit are property damage, claimed against the driver alongside the injury.

Our reported decisions are on our injury results. Other claim types are on injury law areas. For the rule that a defendant takes the plaintiff as they find them, read vital facts on the thin skull rule.

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 Halifax office opens the file. Contact the firm, or read what the firm can do.