Why the Insurance Company says you have a “Minor Injury”: Reason #2

by John McKiggan

Nova Scotia Passes Law to Protect Insurance Company Profits

In 2003 Nova Scotia passed the Automobile Insurance Reform Act (AIRA) to protect the profits of the insurance industry at the expense of innocent accident victims.

“Minor Injury” Cap on Compensation

AIRA caps the amount of compensation that an accident victim can receive for non-pecuniary damages , (what is typically referred to as compensation for pain and suffering), for “minor injuries” at a maximum of $2500.00!

In other words, if you have a “minor injury”, as defined by the AIRA law, the most you can receive for your pain and suffering is $2500.00. In many cases the insurance company will offer you less than $2500.00!

Why you may have a “Minor Injury”: Reason #2 :

If your injury “resolved” within 12 months of your car accident, it will be considered a “minor injury”.

The AIRA law defines a minor injury as any injury that:

resolves within twelve months following the accident.

What Does Resolves Mean?

Now you and I know what resolves means; it means you are better! If you aren’t better in one year your injury has not “resolved” and you are entitled to more than $2500.00 in compensation. Right?

Wrong! As if things weren’t complicated enough, in an effort to:

Limit the ability of innocent car accident victims to get compensation for their injuries; and

Increase insurance company profits,

the government of Nova Scotia created regulations “defining” what the word “resolves” means.

According to the Minor Injury cap law, “resolves” means…

…does not cause or ceases to cause a serious impairment of an important bodily function which results from a continuing injury of a physical nature to produce substantial interference with the person’s ability to perform their usual daily activities or their regular employment…

In other words, if you are in a car accident and spend 6 months in a body cast and then 5 1/2 months in painful rehabilitation, but you pretty much fully recover within a year, you may be considered to have a minor injury. Your claim for pain and suffering may be capped at $2500.00.

“How Do I Prove My Injury Hasn’t Resolved?”

In order to prove that you do NOT have a minor injury you must provide proof that your injury did not “resolve” within 12 months. How do you do that? By having your doctor carefully document the nature and extent of the ongoing effects of your injuries so that he or she can write a report confirming that you have a “serious impairment” that is “physical in nature” and continues to cause “substantial interference” with your “usual daily activities” or your “regular employment”.

I will cover all of these requirements in future posts. The most important thing to remember is that just because the insurance company says you have a minor injury does mean that they are correct.

The minor injury cap law is complicated and confusing, even to some lawyers. If you or a family member have been injured in a car accident, make sure you get advice from an experienced Nova Scotia car accident claims lawyer.

Related posts:

Why the Insurance Company Says you have a “Minor Injury”: Reason #1

I have been representing victims of serious personal injuries for 18 years. I wrote The Consumers Guide to Car Accident Claims in Nova Scotia to help victims of car accidents in Nova Scotia get fair compensation for their injuries. You can get a free copy of the book by contacting me through this blog, visiting my website at www.apmlawyers.com or by calling me toll free at 1-877-891-1664.

If you are looking for a Nova Scotia personal injury lawyer you can contact me through this blog or by calling toll free at 1-877-891-1664.

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