Darrel Dexter’s NDP Government pledged to remove the unfair $2,500.00 cap on compensation for motor vehicle accident victims who have suffered a “minor injury”.
Constitutional Challenge Unsuccessful
A constitutional challenge was filed against the legislation arguing that the cap of $2,500.00 for persons who have supposedly suffered a minor injury was contrary to the Charter of Rights and Freedoms. The constitutional challenge failed at both the trial level and the Nova Scotia Court of Appeal. Leave to appeal to the Supreme Court of Canada has been filed.
Requesting Public Feedback
Now the NDP Government has released a position paper requesting input from the public. The minor injury cap was introduced because insurance companies claimed they were losing money on automobile insurance claims.
However, evidence presented to the Nova Scotia Supreme Court and the Nova Scotia Court of Appeal confirms the insurance industry was making record profits at the time the minor injury cap legislation was introduced.
Is the Cap Fair?
So what do you think? Is the cap of $2,500.00 for pain and suffering for persons who have suffered an injury in a motor vehicle accident fair?
Your comments can be sent to:
The Office of the Superintendent of Insurance
PO Box 2271
Provincial Finance Building
1723 Hollis Street
Halifax, NS B3J 3C8
Submissions must be received by February 15, 2010.
Please contact the Premier to voice your support for the government’s plan to repeal the minor injury cap. You can contact his office here or
Toll-free Message Line: 1-800-267-1993
E-mail Address: firstname.lastname@example.org
Office of the Premier
PO Box 726
Halifax, Nova Scotia