How Weather Affects Car Collision Claims In Nova Scotia
Nova Scotia drivers are no strangers to unpredictable weather, especially in winter. And if you find yourself in the unfortunate situation of a vehicle accident, it’s natural to wonder who’s at fault. The reality is, even when severe weather plays a role, drivers are still expected to adjust how they drive and take reasonable precautions. Insurance companies, and sometimes the courts, will look carefully at what happened to decide responsibility. Understanding how these rules work can help you stay protected if you ever find yourself in a car collision during bad weather in Nova Scotia.
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Does Insurance Cover Weather-Related Collisions?
According to the Nova Scotia Insurance Act and the Fault Determination Regulations, even if road conditions are poor, drivers can still be found at fault if they fail to take appropriate precautions. Choosing to drive in dangerous conditions such as heavy snow, freezing rain, or icy roads can result in liability for the collision.
Fault for the collision is ultimately determined by the Automobile Insurance Fault Determination Regulations. Insurance companies rely on these rules to assess fault percentages, property damage, and premium adjustments.
If your insurer finds you at fault, you do have the option to appeal, but this is challenging because you would need to demonstrate that another party was solely responsible for the collision.
In rare cases, courts have ruled that a collision was unavoidable. This could include where someone else (e.g. the province or municipality) was found to be at fault for improper road maintenance or the failure to properly salt or clear roads.
Fault Determination In Poor Weather Conditions
Factors that may influence how fault is determined in Nova Scotia car accidents include:
- Use of winter tires
- Whether the driver was attentive, cautious, and alert
- Road conditions and visibility at the time of the accident
What Are Section B “No-Fault” Benefits?
Regardless of fault, Nova Scotians are entitled to coverage under Section B (aka Section B Benefits, No-Fault Benefits, or Accident Benefits) of their auto insurance policy. These benefits max out at $50,000 and can last up to four years, whichever comes first. They also ensure that if your car is damaged in an accident or if there are injuries, your insurance provider will handle the claim. If you are not at fault, your insurance company will seek to recover the cost of the claim from the other driver’s insurer.
Section B benefits are available to the policyholder, passengers, and pedestrians injured in the collision, as well as dependents and family members of those injured. And in these unfortunate circumstances, they can help cover the likes of medical expenses, funeral costs, loss of income, and other related costs.
What To Do After A Weather-Related Collision
- In the immediate aftermath of a car accident, check for injuries and ensure that you and your passengers are safe. It’s worth noting that since adrenaline levels are high following a traumatic event such as a motor vehicle accident, you should pay attention to any bumps, bruises, or pains that arise in the coming days or weeks.
- Next, call 911 and seek medical attention if necessary. Also, remember to get copies of the police and medical reports, as this will help with future insurance claims or lawsuits if legal action is required down the line.
- Exchange information with the other parties involved in the accident. This includes things like:
- Names and contact information
- Insurance details
- Licence plate numbers and driver’s licences
- Vehicle makes, models, and colours
- Try your best to document the scene and take photos or videos of any damage to vehicles, your injuries, the road and weather conditions. Capturing these types of details in real time is the most accurate way of doing things. Obtain information from any witness who may have seen the collision occur.
- Submit your insurance claim as soon as possible, as these things take time. If another vehicle was involved, consider filing a third-party claim with their insurer.
Will My Insurance Rates Go Up After A Weather-Related Crash?
If you’ve been in a crash during bad weather, you’re likely wondering what will happen to your insurance premiums. In Nova Scotia, even when snow, ice, or fog contributes to the accident, insurers almost always review your driving behaviour first. Simply put, if you’re found at fault or partially at fault after a weather-related collision, your insurance rates will most likely go up. Insurers have to record every at-fault accident on your driving history, and this can affect what you pay for coverage, sometimes for several years afterward.
Many drivers assume that poor weather means the blame automatically shifts away from them. Unfortunately, in Nova Scotia, the Insurance Act requires companies to assign fault based strictly on what happened, not on the weather. So, unless you can show you had no reasonable way to avoid the collision, your premiums are likely to reflect that, no matter how icy, snowy, or unpredictable the conditions were that day.
Common Disputes In Winter Collision Claims
Winter driving claims can be contentious, with several common points of debate between drivers and insurers. Here are the two most common instances:
- Driving Caution: Insurers often claim that you failed to drive carefully enough for the conditions, such as not reducing speed or failing to properly clear your vehicle.
- Inevitable Accident Defence: Sometimes, an insurer or driver may argue it was an “inevitable accident”—meaning the other driver was not negligent, and the crash happened solely due to conditions beyond anyone’s control.
How A Personal Injury Lawyer Can Help
When you’re facing a winter car accident claim in Nova Scotia, the path forward can seem daunting. This is where experienced personal injury lawyers like the team at Wagners Law Firm step in.
At Wagners, we will conduct a thorough review of your situation, examining driving records, police and medical reports, as well as witness statements, to accurately assess fault and build a solid foundation for your claim. With Wagners, you can expect clear guidance, open communication, and a dedicated advocate on your side throughout the claims process.
To speak with a personal injury lawyer in Nova Scotia, schedule your free consultation today.