The Wagners - A Serious Injury Law Firm blog shares Personal Injury stories and opinions relevant to Halifax, Nova Scotia residents. Let us know what you think.

ROADTRIP!

Victor Lewin
Friday, July 21, 2017

School’s out for summer and road trip season is upon us. Did you know that more fatalities occur on Canadian roads during the summer months than at any other time of the year? Alcohol, fatigue, and increased traffic all play a role in these often avoidable tragedies. No matter where you’re off to this year, we at Wagners want you to be safe. So take a couple of minutes to review the following hints and tips we’ve put together to help keep you that way:

Before You Go

Before you head out on the open road, have your vehicle checked to make sure everything is working as it should be. Check brakes, fluid levels and tire pressure. Make sure all of your lights and signals are in good working order. And be prepared for emergency – stock your vehicle with an emergency supply kit. Prepackaged kits are widely available online and in your local automotive and hardware stores, check them out. It’s better to be safe than sorry.

While On the Road

Buckle up. Every time. Wearing a seatbelt is the single most effective thing you can do to keep both you and your passengers safe.

If you are travelling with children, everyone under the age of 13 should be seated in the backseat. If your children are young enough to require a carseat or booster seat, ensure that you have them secured in the appropriate seat, with appropriate restraints. If you aren’t sure, check with Transport Canada for more information: http://www.tc.gc.ca/en/services/road/child-car-seat-safety.html

Make sure not to leave children or animals unattended in a hot car. When it’s hot outside, the temperature inside a parked car, even if it’s in a shaded area, can rapidly reach levels that lead to heatstroke or even death.

Avoid distracted or impaired driving. Don’t text and drive, don’t drink and drive.

Drive defensively, be patient and share the road. Summer driving brings out all sorts of roadway users from pedestrians, cyclists and motorcyclists to recreational vehicles and trailers. You may have to slow down and take your time. Relax. You’ll get to where you’re going eventually.

Most Importantly

Pack sunscreen and have some fun!

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Section D Coverage - Available Under Your Motor Vehicle Insurance Policy

Victor Lewin
Tuesday, July 18, 2017

So… you were in an accident. And if that weren’t bad enough, the person who hit you has no insurance. Now what?

Many people assume that if you are injured by an uninsured driver that you are out of luck and unable to make a claim for your injuries. That’s just not the case.

In Nova Scotia, through your own personal insurance policy, you are entitled to make a claim when injured as a result of an uninsured or unidentified driver. This is often referred to as a “Section D claim. This particular section of your policy will respond to your claim if you are injured in a hit and run accident or if the other driver was not carrying valid insurance at the time of your accident.

When making a Section D claim, your own insurance company steps into the shoes of the uninsured or unidentified driver and responds as if they were the third party insurer. The process is the same as any other claim and could result in negotiations with an adjuster or lawyer, discovery examinations and potentially trial.

The difference with a Section D claim is that, once the matter is settled, your insurance company then has the right to proceed against the at fault individual personally (i.e. the uninsured driver). You are required to cooperate with your insurance company to assist in their recovery and may be required to attend Court proceedings.

If you have been injured by an uninsured or unidentified driver it is important to report the accident to the police as well as your own insurance company as soon as possible. One of our motor vehicle accident lawyers would be happy to speak with you if you have any questions.

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April Showers Bring May Flowers...

Victor Lewin
Sunday, May 07, 2017

…and changing driving conditions! Spring is finally here which means it’s time to take off your winter tires, roll down the windows, and hit the roads in search of some warm weather enjoyment. As the weather improves people begin to head outdoors. This means increased motorcycle and bicycle traffic on the road, and more children playing outside. We all want to keep our roads safe, so here are some helpful hints and tips to help you do that:  ..

WARNELL V. CUMBY – NEW NOVA SCOTIA CAP CASE

Victor Lewin
Saturday, May 06, 2017

The Supreme Court of Nova Scotia has had the opportunity to apply the new “CAP” legislation in Nova Scotia. In Nova Scotia, legislation provides that if you are injured in a motor vehicle accident on or after April 28, 2010 and you suffer injuries deemed to be minor, pain and suffering is limited to $7,500.00 (adjusted annually for inflation). A minor injury is one that is classified as a sprain, strain or whiplash injury that does not result in a serious impairment and does not cause a substantial inability to perform the essential tasks of one’s work, education or activities of daily living.  ..

Do I Really Need a Personal Injury Lawyer?

Victor Lewin
Wednesday, May 03, 2017

A question we frequently hear. And even when the potential client doesn’t come right out and ask it, their demeanor and the questions asked suggest this question is in the back of their mind.  ..

Hold the Door, Winter is Coming!

Victor Lewin
Tuesday, December 13, 2016

After an unseasonably warm fall, temperatures are finally starting to drop. We can’t deny it any longer, winter is on its way. With that in mind, here is a list of helpful winter driving tips to keep you safe as the season changes:  ..

Who has to prove fault in a motor vehicle accident?

Victor Lewin
Monday, November 07, 2016

Typically the individual or claimant bringing forward a case for personal injuries has burden to prove that the defendant is at fault for the accident. The claimant needs to prove on a balance of probabilities (i.e. 51% chance) the defendant caused the accident. In law, this is referred to as the onus of proof.  ..