Prince Edward Island (PEI) Motorcycle Accident Lawyer

A rider hurt on a Prince Edward Island road claims against the driver who caused the crash and draws Section B benefits from the motorcycle’s own policy in the meantime. The lawsuit has to start within two years. A PEI motorcycle accident lawyer proves the driver’s fault and keeps the injury outside the minor injury cap where the evidence supports it.

The Limit Is Two Years, with Discoverability Decided by the Court

Section 2(1)(d) of the Statute of Limitations, RSPEI 1988, c S-7 sets two years for a negligence action. The Island has no codified ultimate limitation period. The only outer boundary is the one the courts draw when they decide when a claim was discoverable. A rider who was under eighteen at the time of the crash has the period postponed under s. 4 until adulthood. Insurers know the deadline and will not remind you of it.

Most Motorcycle Injuries Fall Outside the Minor Injury Regulations

The minor injury cap in the Minor Injury Regulations under the Insurance Act, RSPEI 1988, c I-4 applies to motorcycle claims in exactly the same way as to car claims. It restricts pain and suffering damages for sprains, strains and whiplash-type injuries, and the figure is indexed yearly. Road rash, fractures, nerve damage and head injuries are what a motorcycle crash produces, and none of those fits the definition. Wage loss, care costs and future treatment fall outside the cap whatever the injury.

What a PEI Motorcycle Accident Lawyer Does Before the Supreme Court Hears the Case

The action is filed in the Supreme Court of Prince Edward Island, where a judge alone decides injury trials in practice. Fault is the first fight in a motorcycle file. The other driver’s insurer will argue speed, lane position or visibility. The answer is evidence gathered early. Scene photographs, the police collision report, witness statements, and the motorcycle itself before the insurer writes it off. After we file the claim, discovery, expert reports and a mediation follow. A trial date is set only if the parties cannot agree on a value.

Section B Is Mandatory on a Motorcycle Policy, and WCB PEI and Health PEI Have Their Own Rules

Section B coverage is mandatory on PEI auto policies, and a motorcycle policy is an auto policy. The benefits pay medical and rehabilitation costs, weekly income replacement, and funeral and death benefits without regard to fault. A rider injured on the job falls under the Workers Compensation Board of PEI and the Workers Compensation Act, which bars a suit against the employer. The claim against the driver still stands. Health PEI claims the cost of the rider’s hospital care back from the driver as part of the action.

Island riders are served by Aodhan Murphy through the Charlottetown office and the Halifax office.

Does Not Wearing a Helmet Reduce a PEI Claim?

The defence will raise it. The argument is contributory negligence, that a helmet would have reduced the head injury. It reduces damages only if the insurer proves the helmet would have made a difference to the injuries you suffered. A leg fracture is unaffected by a helmet.

What If the Driver Says the Rider Was Speeding?

Speed is measured, not asserted. A PEI motorcycle accident lawyer has the skid marks, the crush damage and the vehicles’ data recorders measured so an engineer can give the numbers. The assertion by itself carries no weight.

Can I Claim If I Was a Passenger on the Motorcycle?

Yes. A passenger claims against whoever was at fault, including the rider, and receives Section B from the motorcycle’s policy.

Is a Hit-and-Run on the Island Covered?

Your own policy responds where the driver cannot be identified. The claim runs against your insurer in the driver’s place and follows the same rules on fault and damages.

Reported decisions of the firm are collected on best injury results. For the thin skull principle, which matters when a rider had an earlier injury, read vital facts on the thin skull rule. The firm’s other Island practice areas are listed 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.