Nova Scotia Motorcycle Accident Lawyers

A rider who goes down in Nova Scotia because a driver turned across their lane recovers from that driver’s insurer, on the same footing as anyone in a car. A Nova Scotia motorcycle accident lawyer proves the driver’s fault and answers the bias against riders. Section B comes from the bike’s own policy while the claim runs.

The Claim Has Two Years, but the Physical Evidence Lasts Weeks

Nova Scotia’s Limitation of Actions Act, SNS 2014, c 35 gives a rider two years from discovery of the claim (s. 8(1)(a)). A fifteen-year ceiling applies from the date of the crash whatever the discovery date (s. 8(1)(b)). A minor’s period does not run until adulthood (s. 19).

Motorcycle crashes turn on physical evidence that disappears. Skid marks fade. The bike gets written off and scrapped. The intersection camera overwrites its footage. Two years is the legal outer limit. The practical one is weeks.

The Cap Rarely Fits a Motorcycle Injury

The Insurance Act, RSNS 1989, c 231 and its Automobile Accident Minor Injury Regulations cap general damages for a minor injury, indexed annually. A rider thrown from a bike usually has fractures, road rash, ligament tears or a head injury. None of those is a minor injury. The cap seldom applies to these cases. When an insurer tries to put a rider inside it, the answer is the medical file. Income loss, care costs and housekeeping are never capped either way.

The Supreme Court Hears the Claim, and the Defence May Want a Jury

Claims proceed in the Supreme Court of Nova Scotia. Either party can elect a civil jury in an injury action. The defence sometimes asks for one in a motorcycle case, hoping jurors will assume the rider was speeding. We prepare for that with reconstruction evidence and the driver’s own statements. Smaller claims, up to $25,000, belong in Small Claims Court.

The claim opens with a letter to the insurer. Records and a demand follow, then discovery, then mediation. Trial is the last step, and the one we prepare for from the start.

Section B Comes From the Bike’s Policy, WCB May Cover a Courier, and MSI Recovers Its Costs

Mandatory Section B benefits attach to the motorcycle’s own policy. They cover medical and rehabilitation, weekly income replacement, and funeral and death benefits. They are no-fault. A rider who was at fault still gets them. Riders often assume a motorcycle policy carries less. Read the declarations page.

A courier or rider on the clock may fall under WCB Nova Scotia. The Workers’ Compensation Act then bars a claim against the employer, though not against the driver who hit them. MSI recovers the cost of insured hospital care from the wrongdoer inside the action, under the Health Services and Insurance Act.

Our Halifax office serves the province. Aodhan Murphy and Michael Byrne practise there.

Does Not Wearing a Helmet Reduce a Rider’s Claim in Nova Scotia?

Nova Scotia requires a helmet. If a rider’s head injury is worse because a helmet was missing, the defence will argue contributory negligence and ask for a percentage reduction. The reduction applies only to the injuries a helmet would have lessened. The driver is still liable for the crash.

What Does a Nova Scotia Motorcycle Accident Lawyer Do About Driver Bias?

Adjusters and jurors start from the idea that riders take risks. We answer that with the driver’s line of sight, the rider’s speed from the crush profile, and witness statements taken before memories drift. A rider with a clean licence and a properly registered bike is a strong plaintiff.

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

No. A driver who did not see a motorcycle in a lane they crossed did not look properly. “Looked but failed to see” is a finding of negligence against the driver. It is not an excuse.

Can Passengers on the Bike Claim?

Yes. A passenger claims against every at-fault party, including the rider if the rider shared blame, and draws Section B from the bike’s policy.

Our reported decisions are on our injury results. The other Nova Scotia claim types are listed on injury law areas, and insurer tactics after a crash are covered in insurer surveillance and social media.

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.