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.

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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Are Breaches of Privacy Compensable Under Law?

Victor Lewin
Friday, June 30, 2017

Personal injury can fall under a number of categories. Individuals who have suffered intentional or unintentional harm can develop a range of physical and emotional issues. When a person is harmed, the law permits compensation awards. As an example, if a pedestrian is hit by a vehicle while crossing at a marked crosswalk, and that person receives injuries, then damages can be sought from the operator of the motor vehicle. Someone who is victimized by sexual assault and who then suffers emotional or mental issues like depression or suicidal ideation, then he or she would also be entitled to compensation from the attacker.  ..

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.  ..

Don Henderson takes legal action against Dennis Wideman and the Calgary Flames

Victor Lewin
Friday, May 05, 2017

On January 27th, 2016, the Calgary Flames played the Nashville Predators in the last game before the all star break. During the game, Dennis Wideman was hit by the Predators’ Mikka Salomaki. Shortly after being hit, as Wideman returned to the bench, he cross-checked Don Henderson, an NHL linesman, from behind. Henderson was knocked against the boards and to the ice. Unfortunately, over a year later, Henderson has not returned to working as an NHL linesman[1]. ..

VLT CLASS ACTION

Victor Lewin
Thursday, January 05, 2017

A class action lawsuit filed in the Supreme Court of Newfoundland and Labrador against the Atlantic Lottery Corporation (ALC) was certified on December 30, 2016. The class action concerns line games which are played on video lottery terminals (VLTs) in Newfoundland and Labrador. It has been estimated that nearly 30,000 people living in Newfoundland and Labrador may be included in the certified class action.  ..