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Insurance

Insurance adjusters play a pivotal role in assessing claims, and it’s essential to be aware of your rights and obligations when dealing with them. Our legal team can help.

Table of Contents

Dealing with insurance adjuster

Overview

Car insurance in New Brunswick involves a multifaceted landscape with several critical considerations that individuals need to be aware of following a car accident. Firstly, understanding the province’s no-fault insurance system, particularly the Accident Benefits in Section B of the standard automobile policy, is crucial. This section provides coverage for medical expenses, rehabilitation, and other benefits, regardless of fault.

Additionally, New Brunswick has implemented a minor injury cap, placing limits on compensation for injuries categorized as minor. This cap introduces complexities into the claims process, affecting the amount of compensation available for certain types of injuries.

Navigating these aspects requires a comprehensive understanding of the insurance policies, legal provisions, and procedural intricacies involved in the aftermath of a car accident in New Brunswick. Being informed about these issues is essential for individuals seeking fair and just resolution as they navigate the post-accident landscape.

Key Points

Be careful before accepting any insurance settlement from the adjuster

Make sure you’re fully informed about the “Minor Injury Cap”

Understanding your automobile insurance policy

Car insurance is mandatory in New Brunswick and Prince Edward Island. In New Brunswick, the Financial and Consumer Services Commission has approved a Standard Automobile Insurance Policy. This means that every insured vehicle in New Brunswick has, at the very least, the same minimum coverage:

  • Section A – Third Party Liability
  • Section B – Accident Benefits
  • Section C – Loss of or damage to insured automobile
  • Section D – Uninsured Automobile and Unidentified Automobile Coverage

Read more: Understanding your automobile insurance policy

Minor injury “Cap” Regulation in New Brunswick

In 2003, a “cap” for minor personal injuries was put in place by the New Brunswick Government as a result of ever increasing automobile insurance premiums.

The cap was worded in a way that had unforeseen consequences for people who suffered what a layperson would consider a significant injury, and was revised in 2013. The new definition for minor personal injuries is much more in line with the initial intentions of government.

Whether your injury falls over or under The Cap is a matter of understanding all of your unique circumstances in the context of the law. A lawyer is the best person for this job.

Read more:

Minor injury “Cap” Regulation in New Brunswick

Minor Injury Legislation: “The Cap”

Should I talk to the other driver’s insurance adjuster?

An adjuster may try to contact you soon after the accident for a statement. He or she may want to come to your home and make a recording. It is strongly advised that you consult a lawyer before agreeing to this type of interview. A lawyer will probably advise against it unless he or she is present.

If it’s a Section A claim, once you accept a settlement and sign a release, you cannot initiate a lawsuit or make any further claims against the at-fault driver. However, if you have accepted an offer, all hope is not necessarily lost. There are exceptions, which a lawyer can identify for you.

Read more: Should I talk to the other driver’s insurance adjuster?

Read more: Multidisciplinary Assessments

Hit and Run – Section D

Imagine that you are injured in an accident that was not your fault. Instead of stopping to exchange information, the other driver speeds away. Unfortunately, a hit and run happens all too often, but the good news is that the injured party does have an option to cover most losses.

The New Brunswick Standard Automobile policy has several sections. While not as well-known as the others, Section D will cover an injured driver in the case of a hit and run. This part of the policy allows a driver to claim all the same things he or she would normally claim against the at-fault driver, but the coverage comes from the injured driver’s own insurer.

Read more: Hit and Run Accidents

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Fidelis insurance lawyers

Don’t let your insurance company take charge of your recovery and take advantage of your vulnerability and lack of legal knowledge. Only lawyers experienced in personal injury claims such as those at Fidelis Law Droit can effectively protect your legal interests and rights. When you choose Fidelis Law Droit, you’re getting an entire team on your side. You can count on us to uphold your interests diligently, firmly, and decisively. If necessary, your lawyers at Fidelis Law Droit will not hesitate or shy away from taking legal action against your insurer to protect your rights. We’ve seen it all, and we won’t back down.