WHAT IS
A "SECTION B"?
Benefits that are described in "Section B" of the
standard automobile policy of Nova Scotia. These are
"no fault" benefits that became mandatory on July 1,
1983, prescribed by s.140(1) of the Insurance Act of
Nova Scotia. These benefits include medical,
rehabilitation, loss of income, death and funeral
expenses, and other benefits later.
WHY DO WE NEED SECTION B?
To ensure quick compensation for persons injured in
motor vehicle collisions.
There is no need to prove that anyone else was in
the wrong to collect these benefits; hence "no
fault" benefits. These provide early and interim
financial relief to persons injured in car
collisions.
ARE YOU COVERED?
(a) Any person while an occupant of the insured
vehicle;
(b) Any pedestrian who is struck, in Canada, by the
insured automobile;
(c) The insured and, if residing in the same
premises as the insured, members of his family while
occupants of any other automobile or while
pedestrian struck by other automobiles.
WHOSE INSURANCE COMPANY PAYS?
(a) Injured Driver / Passenger in own car - deal
with your own insurance
company;
(b) Insured Passenger in someone else's automobile,
deal with company that insured the automobile; (c)
Insured Pedestrian / Cyclist - deal with company
that insured car that struck you.
If automobile not covered by insured - (b) and (c)
above can look to "own"
insurer for benefits.
IF (a), (b) and (c) above have no motor vehicle
liability insurance - cannot claim Section B
Benefits.
WHAT DO YOU GET?
1. MEDICAL REHABILITATION EXPENSES AND FUNERAL
EXPENSES
A. Medical and Rehabilitation:
Includes all reasonable expenses incurred within
four years from the date of the accident as a result
of such injury for necessary:
(1) medical service;
(2) surgical service;
(3) dental service;
(4) chiropractic service;
(5) hospital service;
(6) professional nursing service;
(7) ambulance service;
(8) another service under the Health Service and
Insurance Act;
(9) such other services and supplies which are, in
the opinion of the physicians of the insured's
choice and that of the insurer's medical advisor,
essential for the treatment, occupational retraining
or rehabilitation of said person, to the limit of
$25,000.00 per person, which can include:
- traveling expenses for medical treatment or
physiotherapy;
- hospital telephone rental; - cost of water pick to
cleanse teeth while wired for dental purposes;
- hair transplants;
- physiotherapy treatment;
- eyeglasses;
- additions to the home of the parents of a
quadriplegic.
Some examples of expenses disallowed by Courts under
(9) above:
- waterbeds;
- jacuzzis;
- costs of medical and legal reports.
B. Funeral Expenses:
Costs related to burial.
2. DEATH BENEFITS AND LOSS OF INCOME PAYMENTS
A. Death Benefits:
Single payments to survivors of households, monthly
entitlement.
Burden of Proof: appears to be on the insured to
continue to furnish proof of continuing disability
in order to continue to receive weekly loss of
income benefits for 30 day intervals.
B. Release Provisions
Covered under s. I 40(s) and s. 1 46(2) of the
Insurance Act of Nova Scotia. Operate to favor a
defendant in an action with a deduction in the
amount of all Section B benefits which have been
paid or are available to the plaintiff. Onus of
proving payment or availability rests with the
defendant. If plaintiff has advanced Section B claim
and has been refused, he can include the expenses or
losses in his tort claim.
SUMMARY
It is always advisable for a car accident injury
victim to contact the Section B insurer and open a
claim. The lost wages benefits are too low but they
can still help. As well, any treatment recommended
or approved by your family doctor is covered. If you
need help with setting up your Section B claim
please contact us. |
