Pursuing compensation might not be the first thing on a victim’s mind after they’ve been in an accident. At such a vulnerable time, their primary focus would probably be taking care of themselves and their family, and rightfully so. However, the days, weeks and months following an accident are crucial from a legal standpoint, and it’s important that injury victims understand why.
In Newfoundland & Labrador, as in other provinces, any claim brought before the courts must be filed within a certain period of time following the incident at issue, or the right to claim is extinguished. Newfoundland & Labrador’s Automobile Insurance Act establishes that all claims for accident victim compensation must be made within two years of an accident.
But, while accident victims can file a claim within two years of their accident, changes to legislation introduced at the beginning of 2020 (the Automobile Insurance Act) requires that accident victims provide legal notice of their intention to make a claim within just 120 days of an accident. Failing to do so doesn’t mean the claim is forfeited, but it may impact the compensation amount.
The new legislative changes also require that claimants provide certain medical and other documentation to insurance companies within very specific timeframes. These changes have increased the complexity of the claim process for motor vehicle accidents in Newfoundland and Labrador. At Roebothan McKay Marshall we have the knowledge and experience you need to ensure that your claim is handled properly and professionally. We take care of dealing with the at-fault insurance companies and will make sure your claim is not prejudiced by these new insurance company rules, so you can focus on getting better.