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
4th Floor
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
Telephone: 902-424-6600 Fax: 902-424-7648 Toll-free Message Line: 1-800-267-1993 E-mail Address: premier@gov.ns.ca
Address:
Office of the Premier PO Box 726 Halifax, Nova Scotia B3J 2T3.
Further Reading
Court of Appeal Confirms Minor Injury Cap – NDP to Repeal Cap Law
Benefits of “Minor Injury” Cap Legislation does not Justify Discrimination
Nova Scotia Personal Injury Claims: “Minor Injury” Compensation Cap Constitutional
My book, The Consumer’s Guide to Motor Vehicle Accidents in Nova Scotia explains the “minor injury” compensation cap in detail and explains why the cap is unfair.
The book is for sale on Amazon. However, if you live in Nova Scotia, we will send you a copy free when you contact us through this blog.