Prince Edward Island (PEI) Snowmobile Accident Lawyer

Snowmobile crashes on Prince Edward Island trails happen at speed, in the dark, and often after drinking. The injured rider or passenger sues the person whose negligence caused the crash, within two years. A PEI snowmobile accident lawyer traces which policy covers the sled first, because a sled with no automobile coverage changes the whole claim.

The Statute of Limitations Gives Two Years and No Fixed Outer Limit

Under s. 2(1)(d) of the Statute of Limitations, RSPEI 1988, c S-7, the action has to start within two years. The Prince Edward Island limitation period for injury is two years from when the cause of action arose; whether it starts later depends on the facts, so get advice early. For a rider or passenger under eighteen, s. 4 postpones the period. Nobody investigates a winter crash before spring, so the two years is shorter than it sounds.

The Off-Highway Vehicle Act Sets the Rules and the Sled’s Insurance Decides the Cap

The Off-Highway Vehicle Act (PEI) governs registration, helmets, operator age, permitted trails and operating while impaired. A breach of the Act by the operator is evidence of negligence.¹ The money depends on how the sled was insured. Where it carries automobile coverage under the Insurance Act, RSPEI 1988, c I-4, the minor injury cap on pain and suffering and the mandatory Section B benefits apply. Where it does not, the claim falls on the operator’s or owner’s liability insurance, often a homeowner policy, with no cap and no no-fault benefits.

A PEI Snowmobile Accident Lawyer Builds the File Before Filing in the Supreme Court of Prince Edward Island

The claim is filed in the Supreme Court of Prince Edward Island, where a judge alone hears injury trials in practice. The Small Claims Section takes claims of no more than $16,000.² The work before filing decides the outcome. The sled. The trail, and the grooming record if a club groomed it. The weather. The toxicology, if there is any. The operator’s registration. Then discovery, expert evidence on the injury and on the crash, and mediation. Trial is the last resort, and we prepare for it from the first day.

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

Section B benefits exist only where the sled is insured as an automobile. They pay medical and rehabilitation costs, weekly income replacement, and funeral and death benefits regardless of fault. A worker using a sled for the job, on a farm or for a utility, may be covered by the Workers Compensation Board of PEI and, if covered, cannot sue the employer under the Workers Compensation Act. Health PEI recovers its cost of treating the rider from the wrongdoer in the action.

The Driver Had Been Drinking. Does That Help the Claim?

Yes. Impairment is negligence in itself and defeats most excuses about trail conditions. It also raises the question of whether a host or a bar over-served the driver.

I Was the Passenger and the Driver Is My Friend. Do I Still Sue?

The claim is made against the friend’s insurer, so the friend does not pay personally. Without that insurance there is no recovery for the injury.

Does a Trail Club or Landowner Owe a Duty?

A club that grooms and marks a trail has to do so with reasonable care. A landowner who permits riding owes the duty set by the Occupiers’ Liability Act, RSPEI 1988, c O-2, and a hidden hazard such as an unmarked cable or fence line can ground a claim.

What If the Crash Happened on a Frozen Pond or River?

The location does not change the law. The operator’s negligence and the applicable insurance are the questions in every case.

See best injury results for our reported decisions. For what mediation looks like, read what to expect from the mediation process.

No Fee Unless the Claim Resolves

The first call is free. There is no fee unless the claim resolves. Contact us, or read what we can do.