Prince Edward Island (PEI) ATV Accident Lawyer

An ATV injury in Prince Edward Island is claimed in negligence against the operator, the owner who lent the machine, or a landowner whose trail was unsafe. The Off-Highway Vehicle Act sets the rules of use. A PEI ATV accident lawyer’s first job is to find the insurance policy that responds, because on the Island that is rarely obvious.

Two Years Under the Statute of Limitations, Postponed for a Child Rider

The Statute of Limitations, RSPEI 1988, c S-7 allows two years for an injury action under s. 2(1)(d). Many ATV passengers are children. For them s. 4 postpones the period until adulthood. Prince Edward Island has no statutory ultimate limitation period, and the courts apply discoverability case by case. Do not lean on either of those to stretch the deadline. Photographs fade, witnesses move, and the machine gets repaired or sold.

The Off-Highway Vehicle Act Sets the Rules and the Policy Decides the Cap

The Off-Highway Vehicle Act (PEI) governs registration, where ATVs may be ridden, helmets and operator age. A breach is strong evidence of negligence. Whether the auto insurance rules apply depends on the policy on the machine. An ATV insured as an automobile under the Insurance Act, RSPEI 1988, c I-4 brings the Minor Injury Regulations cap and Section B benefits with it. An uninsured ATV on private land leaves the claim to the operator’s or landowner’s homeowner liability coverage. No cap, and no Section B.

The Claim Is Issued in the Supreme Court of Prince Edward Island After the File Is Built

The action is issued in the Supreme Court of Prince Edward Island. In practice a judge alone hears the trial. Claims of no more than $16,000 belong to the Small Claims Section. Before any of that we build the file. We have the machine inspected, photograph the trail or field, obtain the operator’s licence and the registration, and collect the medical records. A letter of demand goes to every insurer that might respond. Discovery and expert reports come next, then mediation.

Section B Applies Only with Auto Coverage, and WCB PEI and Health PEI Have Their Own Rules

If the ATV carried automobile coverage, its Section B benefits pay medical, rehabilitation, weekly income and funeral costs regardless of fault. Without that coverage there is no no-fault layer at all, and the claim against the negligent party has to carry everything. A rider using the ATV at work, on a farm or a golf course for example, falls under the Workers Compensation Board of PEI, and the Workers Compensation Act bars a suit against the employer. Health PEI recovers its treatment costs from the wrongdoer within the action.

Aodhan Murphy takes Island ATV files at the Charlottetown office and from Halifax.

Can a Passenger Sue the Person Driving the ATV?

Yes, and it is the most common ATV claim. The operator owed the passenger a duty of care. Where the operator is a friend or relative, the operator’s insurer pays the claim, not the operator.

Is the Owner Liable If Someone Else Was Driving?

The owner can be liable for lending the machine to an unlicensed, underage or impaired operator, or for lending a machine with a defect they knew about.

Does Riding on a Closed Trail or Private Land End the Claim?

No. Trespass or a rule breach by the rider can reduce damages for contributory negligence. It does not remove the operator’s or landowner’s duty, and a PEI ATV accident lawyer will say the same about any breach of the Act.

What Does a PEI ATV Accident Lawyer Need From Me First?

The names of everyone present, the ATV’s registration, every insurance policy that might apply (auto, homeowner, farm), and the medical records to date.

The firm’s reported decisions appear on best injury results. For how pain and suffering is valued in Canada, read pain and suffering compensation in Canada, and see every Island claim type under injury law areas.

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