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In Nova Scotia, you are entitled to make a claim when injured as a result of an uninsured or unidentified driver.
The driver who hurt you had no insurance, too little of it, or drove off. Wagners has handled these files since 1982. Our uninsured motorist accident lawyer in Nova Scotia can tell you which part of your own policy answers.
If you or someone you love has been injured, Wagners is here to help. Call (902) 425-7330 or 1-800-465-8794 for a free review of your coverage.
We read your policy first, because coverage decides these claims, and most people have never read the endorsements they pay for.
We start with the declarations page, the yearly summary sheet listing every coverage you hold and its limit. That one page usually settles whether a claim exists.
Our lawyers act only for injured people, and the Halifax office holds 4.9 stars across 506 reviews. Send us that page, and we will tell you what you are covered for.
Uninsured and unidentified drivers both.
Every Nova Scotia policy carries Section D, on top of the $500,000 minimum third-party limit set under Section 125 of the Insurance Act, R.S.N.S. 1989, c. 231.
Section D is conditional. Reporting to the police and notifying your insurer are both time-limited, so tell us early, and we will confirm what your policy requires.
A top-up when the at-fault driver was insured for too little. It comes from the optional SEF 44 Family Protection Endorsement: if the other driver's limit runs out before your losses do, your own insurer covers the difference up to your limit.
Nova Scotia produced the leading case. Sabean v. Portage La Prairie Mutual began with a 2004 Bridgewater collision and reached the Supreme Court of Canada, which settled what an insurer may deduct from an SEF 44 payment.
No. SEF 44 tops up an identified driver's limits, so where nobody is identified, Section D carries the claim.
Either way, the ordinary two-year deadline applies, under section 8 of the Limitation of Actions Act, S.N.S. 2014, c. 35.
Coverage questions come up once people realize how much rests on their own policy.
Often, but not always. Insurers add it where you carry more than the minimum, so check your declarations page.
Not necessarily, since you were not at fault, rating rules vary, so ask before you assume.
Yes. A spouse and dependents living with you are usually covered, because the endorsement follows the person, not the car.
Your policy usually follows you. We act on New Brunswick and Prince Edward Island files, too, and deadlines can differ there.
In a Section D or SEF 44 claim, you are claiming against your own insurer, so coverage is argued on the policy wording. That is the part we do.
Send the declarations page and the police file number, and we will tell you what exists. Reach Wagners at (902) 425-7330 or 1-800-465-8794. Your consultation is free, and you pay nothing unless we win.
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