An accident can happen to anyone, especially in high-traffic areas like downtown Halifax. Knowing the immediate steps after a car accident in Nova Scotia can restore a sense of power and strengthen your claim.
Emotions can be strong after a car accident, but try to stay calm. Your early actions can impact your recovery and your injury claim. Our experienced Nova Scotia car accident lawyers are here to guide you and support you during this difficult time. We’re just a phone call away at (902) 702-3629.
- Your safety is your top priority after a car accident. Do what is necessary to prevent another collision, and seek medical attention immediately.
- You must report your accident to the nearest law enforcement agency within 24 hours if there are any injuries, a death, or $2,000 in property damage.
- You may be entitled to compensation through an insurance claim and a personal injury lawsuit, and Valent Legal can help you right the wrong.
Step 1: Protect Your Safety After a Car Accident
Safety is the top priority after a car accident in Nova Scotia. Before you start exchanging information or gathering evidence, make sure you and others are safe from another collision. Here is what to do:
- Avoid unnecessary movement if there is a possibility that you are injured.
- If possible, move your vehicle to a safe place out of the road.
- Turn on your hazard lights.
- Check your passengers and others for injuries and render assistance as needed.
- Call 911 to request emergency medical services and police assistance. If you are in a rural area with no cell service, lift your hood to signal distress.
- When help arrives, stay out of the way and allow emergency medical services to get to work.
Ensuring Your Safety During Winter
Hypothermia is a real threat if an accident leaves your car inoperable, especially in rural areas where cell service is spotty. Even in Halifax, where help is readily available, hypothermia can set in quickly. Check the weather ahead of winter trips, and make someone aware of your travel plans. Carry an emergency kit with the following winter survival supplies:
- Hand and foot warmers
- Toques
- Gloves
- Warm clothing you can put on in layers
- Blankets
- A flashlight
- A cell phone charger
- Brightly coloured cloth
- A whistle
Stay in the car unless it is on fire. Lift your hood to signal distress or tie a brightly coloured cloth to the antenna, side mirror, or door handle. If you are in a wooded or other hidden area, use a whistle to call for help. If you can turn on the key, use the heat intermittently, but be mindful of the vehicle battery. If anyone is with you, huddle to share warmth.
Step 2: Report the Accident to the Police
You must report the accident to the appropriate law enforcement agency within 24 hours if there is an injury to any person, a death, or property damage of $2,000 or greater. If the driver is incapacitated and a passenger is present, the passenger must make the report. You can usually meet this requirement by calling 911 and requesting an officer. You will need an officer if the other driver flees the scene, you suspect the other driver is impaired, or you suspect the driver has broken other laws.
If the accident takes place in a rural area, report it to the nearest detachment of the Royal Canadian Mounted Police. If you are in a city or town, report the accident to the local police. In Halifax, Traffic Support Services will report the accident to the Halifax Regional Police for you and call you with the General Occurrence Number for the insurance company. Email hrpsot@halifax.ca with the following information:
- Telephone number
- Driver’s licence number
- The Vehicle Identification Number
- Insurance information
- Date and time of the accident
- A description of what happened
What Are The Consequences Of Not Reporting an Accident?
Failure to report an accident as required by the Motor Vehicle Act is a Category D offence. It carries a fine of at least $150 for a first offence, $300 for a second offence, and $600 for subsequent offences.
Garages and repair shops are also required to file a report within 24 hours of receiving a vehicle that appears to have been in a serious accident. This is one way law enforcement can find a hit-and-run driver. The accident report is also necessary for filing an insurance claim.
Step 3: Gather Critical Information and Document the Accident and Damages
By law, you must exchange insurance and contact information with the other driver. Avoid arguing about who was at fault, and do not admit fault or apologize for the accident.
After exchanging information, take photos or videos of:
- Skid marks and road conditions
- The position of each vehicle
- Vehicle damage
- The overall scene
- Any visible injuries
This evidence may not be available later, so capture as much as you can while it’s fresh. Next, you will want to write down what occurred and talk to eyewitnesses. Obtain their contact details and ask for their versions of the incident. Memories can fade or become distorted over time, so these early accounts are often the most reliable.
A strong written and photographic record of the scene can:
- Streamline the claims process
- Make it harder for the insurance company to undervalue your claim
- Serve as persuasive evidence if your case goes to court
The checklist below is an easy reference guide you can turn to during the tense moments following an accident. We suggest keeping it in your glove box with a pen and extra paper, so you will be ready should the unthinkable occur.
Car Accident Information Checklist
Use this checklist to gather the most pertinent information you will need to support your car accident claim. Then contact Valent Legal to speak to an experienced car accident lawyer.
Disclaimer: This checklist is for informational purposes only and does not constitute legal advice. Always consult with an experienced injury lawyer for advice about a specific accident.
Step 4: Seek Prompt Medical Attention and Complete Your Treatment Plan
Always seek medical attention immediately after a car accident, even if you feel fine. The flow of adrenaline can mask pain and other warning signs of trouble, and some injuries that are treatable early on can become catastrophic without treatment.
Waiting too long to seek medical attention also hurts your injury claim. The insurance company can use a delay as evidence that medical care is unnecessary or that your injuries were caused by something else. Your medical care establishes a record from day one that proves you were injured and how severely.
Attend all of your appointments and follow your treatment plan to the letter. This provides valuable documentation on the severity of your injuries, and it can help you claim future costs. Your Section B accident benefits provide immediate coverage so you have the resources you need to obtain prompt medical treatment.
Step 5: Learn Your Legal Rights After a Car Accident in Nova Scotia
When you are injured in a car accident in Nova Scotia, you may have multiple avenues of compensation. The types of compensation available vary based on who was at fault and the severity of your injuries.
No-Fault Insurance
Every standard auto policy in Nova Scotia must include no-fault Section B accident benefits, which provide coverage for immediate needs, even if you are at fault.
If you are the driver, your own policy covers your injuries. If you are a passenger, pedestrian, or bicyclist, the driver’s accident benefits usually cover your injuries. Accident benefits provide immediate compensation for the following losses:
- Medical expenses during the first four years following your accident, up to $50,000
- A weekly payment to cover lost income, up to $250 or 80 percent of your gross weekly income, whichever is less
When Someone Else Is at Fault
If someone else causes an accident through negligence, you may be eligible to file a claim for the following types of compensation:
- Medical treatment expenses that exceed Section B coverage
- Lost income that exceeds Section B coverage
- Out-of-pocket costs, such as housekeeping assistance
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- The wrongful death of a family member
This compensation comes from the liability insurance of the at-fault driver and other responsible parties. Insurance companies often contest fault or downplay injuries to minimize payouts. You may receive a settlement offer within days of your accident. You have a right to refuse these offers, and likely should until you know the lifetime cost of your injuries.
Our experienced team can gather evidence, help determine the value of your claim, negotiate with the insurance company, and file your lawsuit. We can help ensure that critical evidence isn’t lost and that you meet the Nova Scotia limitation period of two years for car accident lawsuits. Contact us today.
What if the At-Fault Driver Is Uninsured?
If the driver is uninsured, you can file a claim with your Section D uninsured and unidentified automobile coverage for the same types of damages the driver’s liability insurance should have covered.
This coverage is only available if the driver does not carry the mandatory coverage and has no other insurance, or the other insurance is inadequate. Section D also provides coverage if you are injured in a hit-and-run accident, as long as you notify the insurance company within 30 days.
Property Damage
Your standard auto insurance policy includes Direct Compensation for Property Damage, which covers the cost to repair or replace your vehicle and any other personal property you were carrying.
Step 6: Contact a Car Accident Lawyer in Nova Scotia
Having an experienced lawyer on your side from the start ensures that your rights are protected and that critical evidence isn’t lost. Insurance companies often investigate and gather evidence immediately. Your lawyer should do the same, but for your benefit.
Our legal team has decades of combined experience helping injured people across Atlantic Canada. We can help you navigate:
- Serious injuries with lifelong losses
- Disputes about fault
- Multiple liable parties beyond the driver
- Claims involving commercial vehicles
- Claim denials and ignored claims
At Valent Legal, trusted legal experience meets compassionate care.
Get the Help You Deserve After a Car Accident
We’re a client-focused injury law firm dedicated to helping you reach a comprehensive resolution after a traumatic accident. We offer free, no-risk case assessments at times that work for your schedule, and you’ll never pay fees unless we secure a settlement or court judgment on your behalf.
Call us today at (902) 702-3629 or contact us online for a free consultation. You have rights, and we work hard to protect them. Every journey to justice starts with a single step.