A motorcycle accident claim in New Brunswick has two parts: the Section B benefits paid by the rider’s own insurer regardless of fault, and the tort claim against the driver who caused the crash. Riders have no vehicle body around them, so the injuries are worse than in a car crash and the claim is usually larger. This post covers both parts, the deadlines that apply to each, and the two provincial rules, comparative negligence and the minor injury cap, that insurers use to reduce what they pay.
Riders start these claims at a disadvantage. Adjusters assume the rider was speeding or riding aggressively, and that assumption shows up in the first offer. The claim has to be built on what the evidence shows the other driver did.
Retaining a lawyer early means evidence is preserved, the rider’s own insurer is put on notice within the Section B deadlines, witnesses are interviewed while their memory is fresh, and the insurer deals with the lawyer instead of dealing directly with the injured rider.
A Motorcycle Accident Claim in New Brunswick Starts with Section B Benefits
Every standard New Brunswick auto policy includes Mandatory Personal Injury Protection, known as Section B. Section B is no-fault: it pays whoever caused the accident. It covers medical treatment and part of lost income in the months after the crash.
The Loss of Income benefit pays 80% of gross weekly income up to $250 per week. That is far below most riders’ wages, but it is paid while the tort claim is being prepared.
Section B also pays reasonable and necessary medical expenses: physiotherapy, chiropractic care, occupational therapy. Payment depends on meeting the policy’s notice and proof-of-loss requirements on time. Mike Murphy Law Group files the forms for clients so that treatment funding is not interrupted.
Section B is claimed from the rider’s own insurer using the insurer’s forms, with medical certification from the treating doctor and an employer’s statement for the income benefit. Section B has limits on duration and total amount. When the benefit runs out, or the insurer decides the rider no longer meets the disability test, the money stops. The tort claim against the at-fault driver is what recovers the rest.
The Tort Claim Depends on Proving the Other Driver’s Negligence
The tort claim succeeds only if the other driver’s negligence is proven, and the firm investigates to prove it. Most motorcycle collisions in New Brunswick are caused by other motorists: a left turn across the rider’s path, a lane change without a shoulder check.
The firm investigates the collision through the police report, the damage to both vehicles, skid marks, and road conditions. In disputed cases it retains reconstruction professionals to model the crash.
Distracted driving is a common cause. A driver looking at a phone does not see the narrow profile of a motorcycle. “I never saw him” is an admission, not a defence, and the claim is built to treat it as one.
Road condition can be a cause too: potholes, loose gravel from construction, unmarked hazards. Where a government body is responsible, the Proceedings Against the Crown Act imposes notice requirements that have to be met early.
A Tort Claim Pays General, Special, Future Income, and Care Damages
A tort claim pays general damages, special damages, loss of future income capacity, and cost of future care. If another party is at fault, the rider claims each of them. Damages are meant to cover every loss the crash caused, financial and personal, and each head has to be calculated.
General damages cover pain and suffering, including loss of enjoyment of life where the rider can no longer do what they did before. Medical evidence and the rider’s own testimony prove them.
Special damages are the measurable financial losses: medical bills Section B did not cover, repair or replacement of the motorcycle, travel to appointments. Keep every receipt.
Loss of future earning capacity is often the largest item in a serious injury claim. A rider who cannot return to their trade is compensated for the income they would have earned over the rest of their working life, calculated with vocational evidence.
Cost of future care covers home modification, medical equipment, and nursing care. For a permanent disability it can run into millions of dollars, and the settlement or judgment has to fund it for life.
Riders’ Injuries Are Usually Brain, Spine, Fracture, and Road Rash
Riders’ injuries are brain injuries, spinal cord injuries, fractures, and road rash, often several at once. That is polytrauma. Treatment is specialised and rehabilitation is long.
Traumatic brain injury happens even with a good helmet. The brain moves inside the skull on impact, causing concussion or permanent damage affecting memory, personality, and coordination. Neurologists and cognitive therapists are part of both the treatment and the claim.
Spinal cord injury can mean partial or total paralysis. Mike Murphy Law Group handles these claims and pursues the resources a spinal injury needs over a lifetime.
Fractures of the legs, pelvis, and arms follow being thrown from the bike, and a rider who lands on the road at highway speed often has several. They often mean multiple surgeries and permanent hardware, and the long-term risk of chronic pain and arthritis has to be priced into the claim.
Severe road rash takes off several layers of skin and tissue. It scars permanently and carries a high infection risk. Visible scarring has a psychological cost, and the claim includes it.
Comparative Negligence and the Minor Injury Cap Reduce What Insurers Pay
Comparative negligence and the minor injury cap both reduce a rider’s recovery. Under comparative negligence, a rider found partly at fault has damages reduced by that share. A rider found 25% responsible recovers 75% of the total.
Insurers argue speed and lane position to raise the rider’s share, and a rider without a lawyer usually accepts a percentage that the evidence does not support. The firm answers with evidence from traffic professionals and eyewitnesses to show the other driver’s conduct was the main cause.
The province also has a minor injury cap. It limits general damages for injuries that meet a statutory definition of minor, mainly sprains, strains, and whiplash. Most motorcycle injuries are outside the definition, and the firm’s job is to make sure the injury is classified on its medical facts, not on the adjuster’s preference.
Insurance law in the province changes. The current statutes are on the Legislative Assembly of New Brunswick website. The firm builds each claim around the rules as they stand.
Mike Murphy Law Group Litigates Rider Claims on a No Win, No Fee Basis
The firm litigates, charges nothing unless the claim succeeds, and is led by Michael B. Murphy, KC, who served as Attorney General and Minister of Justice of New Brunswick; the firm’s history covers that. He has over 40 years of experience.
Mike Murphy Law Group is a litigation firm. Most cases settle, but insurers offer more to a firm with over 100 reported decisions, because they know the case will be tried if the offer is wrong.
Personal injury claims are taken on a no win, no fee basis. The firm pays for the investigation, the medical assessments, and the court filing fees, and is paid a percentage of the recovery only if the claim succeeds.
Clients across the province are served from the Moncton head office and the firm’s other Atlantic Canada locations. First meetings can be by video, or at the hospital where the rider cannot travel.
The Lawsuit Must Be Filed Within Two Years and Section B Claimed Within 90 Days
The tort claim has a two-year deadline and Section B has a 30-day and a 90-day deadline. Under the Limitation of Actions Act, a lawsuit for personal injury has to be filed within two years of the day the injury was known or ought to have been known. After that the claim is barred.
Two years is less time than it sounds. Evidence disappears and witnesses forget, and the file has to be built before either happens.
Section B has shorter deadlines: usually 30 days to notify the insurer and 90 days to deliver a proof of claim. Missing either can mean a denial of the benefit that was supposed to fund the first months of recovery.
A hit-and-run adds notice requirements to the insurer and the police. Meeting them preserves the claim under the Uninsured Motorist provisions of the rider’s own policy.
The Claim Moves Through Discovery, Mediation, and Trial
The claim goes from consultation to discovery to mediation, and to trial if mediation fails. It starts with a consultation in which the facts are reviewed and the options explained.
Once the claim is filed, discovery begins. Both sides produce medical records, employment records, and the accident file. Documents are exchanged, and the rider is examined for discovery by the defence lawyer. The rider’s own lawyer attends to object to improper questions and keep the testimony clear.
Mediation follows in most New Brunswick injury claims. A neutral mediator works with both sides toward a settlement, and many claims resolve here.
If mediation fails, the case is tried before a judge. The firm presents the evidence, calls the witnesses, and argues the law.
Disability, Fatal, and ATV Claims Run Alongside the Rider Claim
A motorcycle crash can also produce a disability claim, a wrongful death claim, or an off-road claim, and the firm handles each. A rider off work long term may need to claim on a disability policy, and the firm’s long-term disability lawyer team handles denials of private and employer plans.
Where a rider has died, the family can bring a wrongful death claim for the financial loss to the survivors. The firm handles those claims.
Off-road crashes are governed by different rules. The New Brunswick ATV accident lawyer team handles trail and non-highway vehicle claims.
The firm’s work is litigation for injured Atlantic Canadians. Holding negligent drivers responsible is how injured riders are compensated, and it is also how the roads get safer.
FAQ
What Should I Do If the Insurance Adjuster Offers Me a Settlement Right Away?
Have a lawyer who handles motorcycle claims in New Brunswick review it first. Early offers are low, and a signed release ends the claim even if the injuries turn out worse than first thought.
Can I Still Sue If the Accident Was Partially My Fault?
Yes. Under comparative negligence, a rider who was not 100% at fault recovers the share of damages that matches the other driver’s fault. The firm works to keep the rider’s share as low as the evidence allows.
What If I Am a Passenger Who Was Injured on a Motorcycle?
A passenger has the same rights as the rider and is almost never at fault. The claim can be brought against the motorcycle’s rider, the other driver, or both.
Is there a “cap” on how much I can get for my injuries?
New Brunswick caps general damages for minor injuries only. The cap does not apply to lost wages, medical expenses, or future care, and most motorcycle injuries, such as fractures, nerve damage, and psychological trauma, are outside the definition of minor.
How Long Does It Take to Settle a Motorcycle Accident Case?
Most personal injury claims resolve in 18 months to three years. Settling before the injury has stabilised, the point called Maximum Medical Improvement, risks leaving long-term needs unpaid.