Frequently Asked Questions about Car Accident Claims in Newfoundland and Labrador

Many car accidents and car accident claims occur in Newfoundland and Labrador each year. To protect road users, vehicle owners in the province are required by law to buy a mandatory amount of insurance coverage. After a car accident, two claims types may be possible in Newfoundland and Labrador: an accident benefits claim and a personal injury (tort) claim. These two claims can occur at the same time.


Car Accident Benefits Claims FAQ:

What are accident benefits and what do they do for you if in a car accident?
Accident benefits are optional for you to purchase with your insurance coverage to cover your spouse and a dependent relative living in the same dwelling in case of a car accident. If purchased, coverage is available to you and any passengers in your vehicle regardless of whether you were at fault for the accident or not. Other party(ies) involved in the accident (e.g., the other driver, cyclist(s), pedestrian(s)) would seek accident benefits from their own insurance, if any.

If you purchased optional accident benefits, our lawyers who specialize in car accident claims can assist you in accessing them right away. If you need physiotherapy for your injuries, for example, our law firm in Newfoundland and Labrador can submit the necessary claim forms for the payments to start immediately. Losses that are insured elsewhere (e.g., through your employer health plan) must be exhausted first however.

What coverage is available through accident benefits?
Certain medical benefits may be available for up to $25,000/person during a four-year time limit. If injured in a car accident, income benefits may be available if you are disabled from work for at least seven days at a maximum of $140/week or 80% of your gross weekly income (whichever is the lesser) for a maximum of 104 weeks for partial disability. Or, if you are an unpaid housekeeper, disabled for at least seven days, the optional benefits may be $70/week for a maximum of 12 weeks.

Additionally, optional death benefits are available and paid if the death occurred within 180 days after the car accident (or two years if a person was continuously disabled prior to death). For the death of the head of the household, $10,000 may be payable plus $1,000 to each dependent survivor. For death of the spouse of the head of the household, $10,000 may be payable. For the death of a dependent, $2,000 may be payable. Optional funeral expense benefits are $1,000.


Personal Injury Car Accident Claims FAQ:

What is a personal injury (tort) claim in relation to a car accident?
A tort claim is a legal action against the at-fault driver of the automobile accident, paid by the at-fault driver’s insurer. You are eligible for this claim if you were hurt and are not 100 percent at fault for the accident. This means that you can receive compensation even if you were partially at fault for the motor vehicle accident that caused your injuries. In some cases you may be able to bring a tort claim even if you were charged with an offence under the Highway Traffic Act. If the at-fault party has no insurance, then your own insurance will help pay proven damages and seek to recover the amount from the at-fault driver.

What compensation is available from a car accident personal injury claim?
The mandatory third-party liability coverage in Newfoundland and Labrador is $200,000 by law. There is a deductible of $2,500. An at-fault driver would be personally liable for any uninsured amounts in a settlement or court order.

In a car accident personal injury claim, one can seek compensation for past and future loss of income, future medical and rehabilitation expenses, housekeeping and home maintenance expenses, special damages for out-of-pocket expenses, and general damages for pain and suffering. In determining the value of an award, the financial damages are determined first and then amounts for pain and suffering.

What is the time limit to file a car accident tort/personal injury claim?
Normally, there is a two year limitation date that applies to tort claims in Newfoundland and Labrador. However, it is best to contact a personal injury lawyer from St. John’s as soon as possible after the accident for more information.


Let Gittens & Associates Help You

For a free initial consultation about your possible car accident claims with an experienced car accident lawyer in Newfoundland, contact Gittens & Associates. Our trained professionals can apply the law to your case to get the best results for you. Call us today at 1-888-592-7171.

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