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Going forward

A better way

People injured in accidents deserve a system that works for them when they need it most. Right now, the system is falling short. Many accident victims are unable to access the Courts to seek justice and recompense for their injuries because of an insurance-industry-imposed cap on recovery for certain injuries.

Many others struggle every day to access the benefits that are supposed to be available to them or to deal with restrictions already in place. We should be demanding a better deal for Nova Scotians and opposing any cuts to benefits or erosion of accident victims’ rights.

Did you know?

  • There is a cap on damages that can be paid to accident victims in Nova Scotia for “minor” injuries sustained through the actions of an at-fault driver. The insurance industry said it wanted to eliminate strains and sprains to keep insurance premiums low. It pushed for a definition of “minor” that actually includes many quite serious injuries. Those with injuries captured by the cap may get limited financial help for their pain and suffering. Literally no one received a reduction in premiums — only a reduction in the right to sue for compensation for their injuries.
 
  • Serious injuries already fall within the cap. The Courts have found that this includes whiplash injuries resulting in several months off work; torn rotator cuffs requiring surgical repair; whiplash so severe that a person has to give up activities they love just to keep showing up to work; torn ACL ligaments; sleep interrupted by pain and discomfort; and many more.
 
  • Some provinces don’t even have a minor injury cap. Newfoundland has a $5,000 deductible, which actually accomplishes the insurance industry’s stated goal.
 
  • The current maximum income replacement your insurance will cover after an accident is $250 per week.
 
  • Insurance companies only have to respond to you every 30 days. This means that if you request treatment, it can take 30 days for a response asking for more information. You provide the information, and they have another 30 days to review it. People are getting their treatment stuck in a merry-go-round of delays.
 
  • There is no increased treatment fund for catastrophic injury. In some provinces, you can access a catastrophic injury treatment fund of $1 million to $2 million. In Nova Scotia, you could be paraplegic and the most you will receive is $50,000 for treatment from your accident benefits.

What would be fair for Nova Scotians?

  • Increase the maximum income replacement to a livable amount

 

  • Require insurers to respond about benefits within 5 business days

 

  • Add catastrophic injury coverage for the most injured accident victims

 

  • Reduce or remove the impact of the cap on Nova Scotians