What Happens If You Get Into an Accident With an Uninsured Driver in Nova Scotia?

Accidents are stressful, but discovering the other driver lacks auto insurance coverage can amplify that stress significantly. In Nova Scotia, driving without insurance is illegal, and if you find yourself in this situation, it’s critical to know your rights and the steps you should take. 

Contact an experienced lawyer from Preszler Injury Lawyers about uninsured motorist claims or possible personal injury claims in court.

Seeking Legal Help in Nova Scotia After Car Accidents with an Uninsured Motorist

If you’ve been injured by an uninsured motorist in Nova Scotia, consulting a lawyer should be one of your first steps. Here’s why:

Nova Scotia’s Insurance Framework

Nova Scotia operates under a modified no-fault insurance system, but accidents involving uninsured drivers create complications. While all drivers are legally required to carry minimum auto insurance coverage, some drivers don’t, which poses significant challenges when seeking compensation for damages and injuries.

The Unique Position of Uninsured Motorists

When you’re involved in an accident with an uninsured driver, the standard insurance claim process becomes much more complicated, if not confusing. You can’t rely on the uninsured motorist’s insurance company because there isn’t one. This fundamentally changes how you need to approach your recovery of damages.

Section B and Section D Benefits and Their Limitations

Your insurance policy’s Section B benefits provide some coverage regardless of which driver was at fault, including medical expenses and some income replacement. Section D of your insurance policy provides coverage in certain circumstances up to a maximum of $500,000.  However, the benefits available through your own auto policy or that of an immediate household family member may not fully cover your losses, especially in serious accidents.

The Uninsured Automobile Fund

Nova Scotia has an Uninsured Automobile Fund, administered by the Facility Association, which provides some protection for those injured by uninsured drivers who don’t otherwise have recourse under another automobile policy . However, accessing this fund involves specific procedures and limitations that a lawyer can help you distinguish.

Through the Insurance Act , the government of Nova Scotia has fully outlined what to do if you’re seeking compensation in an accident involving an uninsured or unidentified driver.

Legal Help for Maximum Compensation

A lawyer experienced in Nova Scotia insurance law can:

• Evaluate all potential sources of compensation, including your own insurer’s uninsured motorist protection or family protection endorsement
• Explain the detailed claims process with the Uninsured Automobile Fund
• Determine if other parties might be at fault (like vehicle owners, employers, or maintenance facilities)
• Properly document and quantify the damages, including loss of income 
• Negotiate with insurance adjusters who may attempt to minimize your claim

Time Sensitivity and Legal Requirements

There are strict deadlines for filing uninsured motorist claims in Nova Scotia. Missing these deadlines can permanently forfeit your right to compensation. A lawyer will ensure all filings occur within the prescribed time limits.

Protecting Against Direct Collection Attempts

You’ll likely face significant challenges if you attempt to collect directly from the uninsured driver. Most uninsured drivers lack sufficient assets to compensate victims, and the legal process of obtaining and enforcing a judgment is comprehensive. A lawyer can determine if this approach is viable for your specific case.

Settlement Evaluation

Insurance companies often present reasonable settlement offers but may fail to account for all damages. A lawyer will evaluate whether any settlement offer fairly compensates you for current and future losses.

Litigation Experience

If fair compensation cannot be secured through settlement negotiations, having a lawyer already familiar with your case positions you advantageously for litigation. Court proceedings involve numerous rules of evidence and procedures – all which require legal experience.

Cost Considerations

Many Nova Scotia personal injury lawyers work on a contingency basis, meaning they only collect fees if they secure compensation. This arrangement provides access to legal representation without upfront costs – expenses that can hit your bank account at a financially stressful time.

The aftermath of an accident with an uninsured driver creates a perfect storm of legal, financial, and medical challenges. Retaining a lawyer who understands Nova Scotia’s insurance framework can significantly improve your outcome and reduce your stress during recovery.

Consequences of Driving Without Insurance

Driving without insurance in Nova Scotia carries severe penalties. These consequences are in place to protect everyone on the road and ensure that victims of accidents have a means of receiving compensation. The penalties can include:

• Fines: Substantial fines can be levied against Nova Scotia motorists caught without insurance.
• Licence Suspension: Your driver’s licence may be suspended for some time.
• Vehicle Impoundment: Your vehicle may be impounded, adding further costs and inconvenience.
• Increased Insurance Rates: When you eventually get insurance, you may face significantly higher premiums due to your previous uninsured status.

What Happens If An Insured Driver Hits You in Nova Scotia

In most accidents, the at-fault driver’s insurer covers the damages and injuries. This process typically involves:

• Reporting the Accident: Contact the police and your insurance provider.
• Claim Filing: File a claim with the other driver’s insurance company.
• Assessment and Settlement: The insurance adjuster assesses the damages and offers a settlement. 

This process is usually straightforward when all drivers have valid insurance. However, the situation becomes more complicated when an uninsured driver is involved.  In addition, it is prudent to retain an experienced personal injury lawyer to ensure you are compensated fairly for your injuries.  The insurance adjuster offering you a settlement is acting in the interests of the insurance company, not yours.

What Should I Do If the Driver Who Hit Me Leaves the Accident Scene?

If the driver who hit you leaves the accident scene, things can become more complicated. Hit and run accidents add another layer of difficulty, especially with an unidentified vehicle/driver. Here’s what you should do:

• Record Details: Note down as much information as possible, such as the vehicle’s make, model, color, and license plate number (if possible).
• Contact Police and your Automobile Insurance Company Immediately: Report the hit-and-run immediately.
• Gather Evidence: Look for witnesses and security camera footage that might have captured the incident.

Dealing with an Accident Involving an Uninsured Driver

When you’re in an accident with an uninsured driver, the process differs from a typical claim. Here are the steps you should take:

Contact the Police and Report the Accident

Contact the police immediately to report the accident. A police report is necessary when filing subsequent claims. Make sure you provide all the accident details and information about the other driver, if available.

Gather Evidence and Take Photos

Document the accident scene thoroughly. Take photos of:

• Vehicle damage
• Accident scene
• Injuries
• Other relevant details

Also, information must be collected from any witnesses at the scene. Their statements can be valuable when making a claim.

Notify Your Insurance Provider

Even if the other driver is uninsured, you must notify your insurance provider about the accident. Failure to do so could jeopardize your coverage. Explain the situation and give them all the information you’ve gathered.

Submit a Claim with the MVACF

Nova Scotia has the MVAC Fund to compensate victims of accidents involving motorists driving without insurance or who leave the accident scene. You can claim with this car accident fund to cover damages and injuries.

The MVACF typically covers:

• Property damage
• Personal injuries
• Medical expenses

To file a claim, you’ll need to provide:

• A copy of the police report
• Evidence of damages and injuries
• Proof that you’ve made efforts to identify the uninsured driver

You should understand the claims process and get a lawyer’s advice.

Pursue Compensation for Injuries Caused by an Uninsured Motorist

In addition to the Motor Vehicle Accident Claims Fund, you may also have options to pursue compensation legally. That’s why consulting a car accident lawyer is highly recommended. They can advise you on:

• Your rights and legal options
• The process of filing a lawsuit – it begins with a Notice of Action 
• Negotiating with insurance companies or the Motor Vehicle Accident Claims Fund

Speak to a Car Accident Lawyer Now About Your Uninsured Accident Claim

Being injured by an uninsured driver can be frustrating, but knowing the steps above can help you manage the process more effectively. Remember to stay calm, gather as much information as possible, and seek professional legal advice. Contact Preszler Injury Lawyers today.