I've Been Injured in Car Accident....What Do I Do Now?
Written by Dan Boucher and Allison Harris
Being in a car accident can be a very difficult experience. It is common to feel overwhelmed and confused about what to do next. Once you’ve made reports to the police and insurance company, you may be focused on getting your vehicle repaired. If you are experiencing pain or psychological distress, you may be wondering, what now? The most important thing is to first look after your health. You should see a doctor or treatment practitioner as soon as possible for assessment and treatment advice.
You might worry about what medical treatment you will need, and who is going to pay for it. You might think car insurance is only available for covering the cost of car repairs. However, in Nova Scotia, you have benefits available through your car insurance for your medical needs and lost income after an accident, even if the accident was your fault. Medical Expense and Weekly Indemnity benefits are provided through Section B of the standard auto insurance policy, and thus we often call them “Section B Benefits.” Let Carter Simpson walk you through it.
Section B Benefits in Nova Scotia
The Nova Scotia Insurance Act requires insurance companies to provide “medical, rehabilitation, loss of income, death and funeral expense benefits” as well as “other benefits” set forth in the regulations (known as “Section B” benefits).1 Crucially, you are entitled to these benefits even if the accident was your fault. The following benefits are available under Section B of the policy:
Medical Expenses: “Reasonably necessary” medical expenses incurred within four years of the accident, up to a maximum of $50,000.2 This can include physiotherapy, massage therapy, chiropractic, medications, home supports (grab bars, ergonomic keyboard), etc. when prescribed by a doctor as a result of the accident.
Weekly Indemnity: If you are disabled from work, you may be eligible for a contribution to lost wages of up to $250 per week.
Principal Unpaid Housekeeper Benefit: If you are a full-time homemaker not otherwise employed for pay and are no longer able to do any of your homemaking duties (typically in cases of catastrophic injury), Section B will provide $100 per week for up to 52 weeks.
Death and Funeral Benefits: If a family member dies as a result of a motor vehicle accident, Section B will pay up to $2,500 for funeral benefits as well as a lump sum death benefit to the spouse and/or dependant(s) of the deceased.
How to Access Section B Benefits
To access any of the above Section B benefits, you must contact your car insurance company to apply. If you were driving a car, you should apply for Section B benefits through your own insurance company. If a car hit you while you were walking or cycling, you should apply through the driver’s insurance company. If you were hit by a vehicle that did not stop at the scene, there are still benefits available to you. We are pleased to walk you to through the process and help you to identify the appropriate insurance company to provide you with benefits.
Once you report the accident to your car insurance company and tell them you have suffered an injury, they should work with you to provide coverage. The insurance company will send you a “Notice of Claim” form for you to complete and return. You must complete this form in order to receive benefits. The insurance company will also assign an adjuster to be your main point of contact about your Section B claim. If you have difficulty accessing coverage or have any questions about the process or about what benefits you are entitled to, please contact Carter Simpson for a free consult.
Medical Coverage
If you suffered a minor injury, you can likely start treatment right away without the need to see your doctor first for a prescription/referral. You should book an assessment with a physiotherapist or chiropractor. If you are diagnosed with a sprain, strain or whiplash associated disorder (WAD) grades 1 or 2, your claim can proceed under the “Diagnostic and Treatment Protocols” (often simply called the “Protocols”)3. The Protocols allow your treatment providers to bill the car insurance company directly for up to 21 sessions within the first 90 days of the accident, without any up-front cost to you. Most physiotherapists and chiropractors are familiar with the forms required and can help you get your Section B claim up and running. You will still need to:
Submit a Proof of Loss form to your insurance company within 10 business days of the accident.
Get an assessment from your doctor within 90 days of the accident. If you do not have a family doctor, you should make an appointment at a walk-in clinic. If you are having difficulty accessing Section B coverage because you don’t have a family doctor, please contact us to review your options.
If you have suffered an injury that is not soft tissue in nature (e.g., concussion, broken arm, dental injury, etc), or a more serious whiplash disorder (WAD grades 3 or 4), or if treatment extends beyond the initial 90 days or 21 sessions, you are still entitled to Section B benefits, but it will not be processed under the Protocols. You will need to complete the Proof of Claim form and obtain a prescription from your doctor for treatment needed. Your doctor will also need to complete a medical form. If you have private health insurance (e.g., Blue Cross, SunLife, Manulife, etc.), you must use these benefits first, and Section B will cover any shortfall.
*Note: your Section B claim could appropriately be processed through the Protocols for one injury (e.g., neck strain) and not for another (e.g., concussion). The Protocols only apply within the first 90 days (3 months) after the accident.
Weekly Indemnity (Lost Income) Coverage
If you are off work for 7 days or more (this does not have to be a consecutive 7 days) as a result of your injuries sustained in the accident, you should talk to your Section B adjuster about a claim for Weekly Indemnity benefits. You will need to have your employer complete a form confirming your salary and your time off work. You will also need a doctor to confirm you are unable to work due to injuries caused by the car accident.
You may be entitled to lost income benefits even if you were not working at the time of the accident. If you are disabled from work after the accident, make a claim and/or talk to a lawyer about what coverage you might be entitled to.
Sometimes, Section B insurers will incorrectly deny a claim, which could include ending coverage for a treatment prematurely. The adjuster assigned to your claim should be able to clearly explain why you are being denied coverage. If you are having difficulty accessing Section B coverage, please do not hesitate to contact Carter Simpson for a free consult.
Carter Simpson is a trusted and empathetic firm dedicated to helping our clients through these tough times in their life. If you have questions about the benefits you may be entitled to after an accident, please do not hesitate to contact us. We offer free consultations in accident cases, with no obligation to retain us moving forward.
Carter Simpson has prepared this document for information only. It is not legal advice. You should consult Carter Simpson about your unique circumstances before acting on this information. Carter Simpson excludes all liability for anything contained in this document and any use you make of it.