Prince Edward Island Car Accident Lawyers

A car accident in Charlottetown, Summerside, or anywhere in PEI can cause painful injuries, financial stress, and endless questions about insurance claims. At NOVA Injury Law, our PEI car accident lawyers fight for victims across Prince Edward Island, making sure they recover full compensation for medical expenses, lost wages, and property damage.

We are known as The Doctor-Lawyer Law Firm™ because we are the only firm in Atlantic Canada with an in-house physician working directly with our legal team. This gives our clients an edge — every car accident claim is backed by medical evidence that insurers can’t ignore.

• Check out our founder Jeff Mitchell’s story of how NOVA started.
• Meet our incredible lawyers.
• Learn why NOVA Injury Law is known as The Doctor-Lawyer Law Firm™.
• Hear our clients’ stories.
• Check out our charitable initiatives in our local communities.

Watch Bionca and George’s testimonial on how NOVA helped them with their car accident claim:

What Sets NOVA Injury Law Apart?

• We’re one of the only injury firms with our own in-house physician to help you create a bullet-proof case.
• We offer free consultations with no obligation.
• Technology allows us to easily communicate with clients anywhere, from small towns to large cities. However, if you prefer in-person consults, we proudly offer complimentary house-calls anywhere in Halifax or Nova Scotia.
• Our payment is contingent on winning your case (no win, no fee), so you can focus on recovery.

What Steps Should I Take if I Was Involved in a Car Accident?

No one ever wants to imagine being involved in a car accident. Even if you are involved in a minor accident, you could suffer injuries that result in unexpected medical bills, lost wages, and expensive property damage. 

The aftermath of a car accident can be confusing, but there are specific steps you must take to protect your well-being and right to file a compensation claim. These steps include:

• Contact 911 to report the accident. Do not leave the accident scene. If you or anyone else is injured, be sure to request emergency medical responders. Be sure to request a copy of the police report
• Exchange information with the other driver(s) involved, including driver’s licence and insurance information.
• Gather evidence that will substantiate your case by taking numerous photos and videos of the accident scene, including skid marks and damage to both vehicles. Other evidence can include road, weather, and lighting conditions, as well as photos or videos of your injuries.
• Collect the names and information of bystanders who may have witnessed the accident. You must try to obtain witness information while on the scene, as locating an individual after an accident could be nearly impossible.
• Seek medical attention immediately. Even if you do not believe you are injured, it is best to be examined by a medical professional. In some instances, car accident victims suffer internal injuries that do not immediately manifest themselves, which could be life-threatening if left untreated. 
• Be sure to keep all medical documentation, as it will prove invaluable to your case should you choose to file a compensation claim.
• Do not agree to speak with the at-fault driver’s insurance company. Insurance adjusters often try to get car accident victims to provide statements regarding how the crash occurred. However, insurance providers have the right to try to use your statement to reduce or deny your claim.
• Do not make statements or post pictures of the accident on social media. Most insurance companies have representatives whose only job is to scour social media posts for statements they can use against claimants. 
• Contact an experienced car accident lawyer like those of NOVA Injury Law who can help you get started on your claim.

How Long Do I Have to File a Car Accident Claim?

Although the time following a car accident can feel confusing and overwhelming for victims, you must meet critical deadlines when filing a claim. One of your priorities should be to contact your insurance provider to inform them that you have been involved in a motor vehicle accident, typically within 24 hours of the collision.

Two-Year Time Limit

In Prince Edward Island, car accident victims generally have two years from the date the car accident occurred to file a lawsuit. There are exceptions to the two-year time limit that apply to minors or those who are incapacitated. 

Minors

Under the Statute of Limitations, the two-year clock does not start until they turn 18, after which they have until they turn 20 to file a claim. 

Incapacity

If an individual is incapacitated, the two-year time limit is also paused until they have the legal capacity to file an accident claim. 

Even though two years seems like ample time to file a claim, life can get in the way, and failure to file a claim on time can result in your case being dismissed. Once your case is dismissed, you will lose all legal recourse to try to recover compensation. 

The most effective solution is to seek qualified legal representation immediately. A skilled lawyer understands the legal complexities associated with filing claims and can ensure that your case meets all critical deadlines. 

What If the At-Fault Driver Totals My Car?

If your vehicle has been totaled in a car crash, you may be unsure what you can do to hold the negligent party accountable. In PEI, when an at-fault driver totals your car, their insurance company is responsible for compensating you for your vehicle’s “actual cash value” (ACV). 

Even though insurers have a legal obligation to compensate you for the car’s ACV, many providers look for ways to undervalue its worth so they can pay less. 

File a Claim With the At-Fault Driver’s Insurance Company

When you file a claim with the at-fault driver’s insurance company, you must provide the adjuster with thorough documentation, including the police report, photos and videos, and repair estimates. The most effective way to protect your interests when filing a claim is to hire a knowledgeable car accident lawyer to assist you. Your lawyer can handle the interactions with the adjuster, allowing you to focus on your recovery and not having to worry about insurance issues. 

Settlement Offer

Once the adjuster evaluates the claim, they will determine the car’s ACV. The adjuster uses a series of calculations to compare the cost of repairs to actual cash value and then determines if the car is a “total loss.” It is important to remember that the ACV is not the price you paid for your automobile or a new car. 

Your lawyer will review the adjuster’s offer, and if they believe it is too low, they can try to negotiate for a more favorable settlement. A lawyer can often present evidence, such as comparable sale ads or receipts showing where you made improvements or repairs to the vehicle that improved its value.

How We Can Help

In Prince Edward Island, many car accident victims face disputes over vehicle valuation after a car wreck. If your car is declared a total loss, and insurers try to undervalue its worth, our lawyers can challenge low valuations, negotiate for fair market value, and secure compensation for rental costs, out-of-pocket expenses, and related damages. We also pursue claims against the negligent driver’s insurance company whenever necessary.

Why Am I Required to Pay HST/GST on Repairs If I Wasn’t at Fault?

Canadian law requires consumers to pay Harmonized Sales Tax (HST) and Goods and Services Tax (GST) on the majority of taxable goods and services. Many PEI car accident victims object to having to cover these taxes even when the other driver’s insurer pays for the repair.

HST/GST

Many car accident victims are curious whether they can recover compensation for the diminished value of their repaired vehicle or if HST should be included in their settlement. There are several reasons why car accident victims are required to pay HST on repairs. Some of the most common include:

• HST is paid on the service, and by law, the repair shop must charge this fee on all taxable goods and services it provides to customers.
• The insurance claim is considered separate from the repairs process. Even though the insurance claim reimburses you for your losses, it does not change the fact that you must pay the HST owed to the repair shop.

Although insurers are aware that tax should be included in the cost of a repair, many providers are often reluctant to pay for diminished value or covering the HST on repairs or replacement vehicles. Many insurance companies count on claimants not knowing their rights and assuming that the offer made cannot be changed or amended. 

Our dedicated legal team knows how to press for fair compensation, including diminished value claims and proper tax reimbursement, to ensure victims aren’t left paying out of pocket.

How Much Is a Car Accident Settlement Worth?

The primary goal of a car accident claim is to secure compensation for property damage, medical costs, and non-economic losses. The value of a car accident case depends on the seriousness of the car accident injuries, recovery time, and financial losses. One of the most significant benefits of hiring a car accident lawyer comes down to their thorough assessment of your claim to ensure you receive all the damages you are entitled to recover. Settlements often cover:

• Medical treatment and medical care
• Lost wages and reduced earning capacity
• Pain and suffering, and emotional trauma
• Physical therapy and rehabilitation
• Property damage and diminished value

(Watch: PEI minor injury caps)

Accident victims often ask if they must finish treatment before settling. In most cases, the answer is yes. Waiting ensures the claim accounts for long-term costs. Settlement timelines vary, from months to years, depending on insurer cooperation and litigation.

Another consideration that can affect the worth of a settlement often comes down to determining fault. Under Canada’s contributory negligence laws, accident victims who are determined to share a degree of liability can have their settlements reduced. Additionally, the at-fault driver’s coverage limits may also decrease the total amount of damages awarded. 

Can I Challenge the Insurance Company’s Repair or Total Loss Decision?

If the insurance provider has offered you an unacceptable repair or total loss decision, you have the right to challenge their decision. In many instances, the insurance company will purposely offer a car accident victim a low actual cash value (ACV) offer to protect their bottom line. 

Challenging a Total Loss Decision

Dealing with the insurance company can be challenging if you lack legal training, so any negotiations with the insurance company should be handled with the help of a lawyer. Your lawyer is familiar with the legal nuances involved with challenging the insurer’s decision by first requesting a detailed total loss valuation. 

Based on the report, your lawyer can gather evidence that refutes the insurer’s valuation, including sales of similar vehicles and documentation that shows any upgrades or repairs you made to your vehicle. Your lawyer will also recommend that you obtain an independent appraisal that assesses the vehicle’s value. 

Based on the evidence that your lawyer gathers, they can make a counteroffer to the insurance company requesting a higher valuation. 

Challenging Repair Costs

In some instances, the insurance company will argue that a vehicle can be repaired, even if you believe it should be ruled a total loss. Generally, an insurer will determine that a vehicle is a total loss if the repair costs exceed the car’s ACV. 

To make the case that the vehicle should be declared a total loss, your lawyer can present evidence that the cost to repair the vehicle is higher than the ACV. If your lawyer can prove that the cost of repairs is higher than the ACV, the insurer will be obligated to declare it a total loss and offer a settlement. 

Why Am I Dealing With My Own Insurance Company?

Under the PEI law, individuals involved in auto accidents first seek compensation from their own insurance provider. Because of the no-fault insurance system, your own insurance provider covers Section B benefits like medical expenses and lost income through PIP coverage, regardless of who was at fault. 

This process is designed to speed up claims, ensuring that accident victims do not have to negotiate with the at-fault party’s insurance company, which may not be willing to offer a fair settlement. Your insurance provider will then seek payment from the at-fault driver’s insurance company.

Nevertheless, our law firm can also pursue a claim against the at-fault driver’s insurance company if your medical bills exceed your Section B benefits. If you have questions about how the claims process works or are unsure of who is obligated to pay for your damages, contact NOVA Injury Law and ask to schedule a free consultation. 

What Types of Car Accidents Does Your Law Firm Handle for Clients?

NOVA Injury Law has significant experience handling a wide range of car accidents for clients. Our lawyers represent motorists, passengers, and pedestrians in all types of automobile accidents, including:

• Rear-end collisions
• Head-on collisions
• Sideswipe and t-bone crashes
• Fatal accidents caused by drunk driving
• Distracted driving crashes involving cell phones
• Defective vehicles and product liability cases
• Hit and run accidents
• Uninsured driver claims

Why Do I Need a PEI Car Accident Lawyer to Help Me File a Compensation Claim?

If you’re dealing with serious injuries, lost income, or ongoing medical expenses, hiring a car accident lawyer is one of the best steps you can take. Insurers aim to minimize payouts. Our experienced lawyers ensure you recover full compensation for both economic damages (like medical bills and lost income) and non-economic damages (like pain and suffering and emotional distress).

Because PEI uses a no-fault system, accident victims generally seek compensation for damages from their own insurance company regardless of who is at fault. Even though your insurance company will provide no-fault Section B benefits for out-of-pocket expenses related to medical bills, rehabilitation costs, and lost wages, some cases are more complex and require the help of a skilled lawyer. 

Some of the most significant benefits of hiring a PEI car accident lawyer include:

• Skilled representation throughout the insurance claims process
• Negotiate with insurance providers to ensure you receive a fair settlement 
• Gathering crucial evidence that supports your claim
• Protect you against inadvertently admitting fault
• Maximize your compensation by ensuring you receive a settlement that adequately covers your medical bills, pain and suffering, lost wages, and property damage.
• Taking your case to trial if the insurer is unwilling to offer a fair settlement that meets your needs.

What Damages Can Be Recovered After a PEI Car Accident?

One of the most critical questions that car accident victims ask their lawyers is what damages can be recovered after a PEI car accident. It is essential to remember that because the circumstances of each car accident are different, any settlement that may be obtained can also vary. 

Prince Edward Island car accident victims may be able to recover financial and non-financial losses. Hiring a skilled car accident lawyer is the best way to ensure you recover all damages available to you under the law.

Economic Damages

Economic damages are awarded to car accident victims to compensate them for out-of-pocket expenses incurred due to injury. Common examples of economic damages awarded in car accident cases include:

• Past and future medical bills
• Lost income and benefits
• Loss of potential earning capacity
• Property damage
• Diminished vehicle value

Depending on your situation, your lawyer may also be able to obtain compensation for ongoing medical care such as physical therapy or rehabilitation.

Non-Economic Damages

Non-economic damages are subjective and based on the unique facts involved in the case and often include:

• Pain and suffering
• Emotional trauma
• Loss of enjoyment of life
• Permanent disfigurement and scarring
• Loss of consortium

Punitive Damages

In rare instances, some car accident victims can collect punitive damages. Even so, punitive damages are only awarded when it is determined that the at-fault driver’s conduct was intentional, grossly reckless, or malicious. 

Unlike economic and non-economic damages, meant to compensate the victim, punitive damages are awarded to punish the wrongdoer and send a warning to others not to repeat the same behavior. 

Our PEI Office Locations

Our team at NOVA values being local. With nine office locations across Atlantic Canada (two being in PEI), we’re able to readily visit accident scenes, attend local court proceedings, and connect you with trusted local medical providers if you need referrals.

We’re not a faceless national firm: we’re your neighbours, and you’ll find our team at community events and local fundraisers.

NOVA Injury Law has two full-time office locations on Prince Edward Island:

• In Charlottetown, we’re conveniently situated on Kent Street in the heart of the city. This central location offers easy access for residents of the capital region, and because our firm emphasises meeting clients where they are, you can visit the office or arrange for the team to come to you if travel is difficult.

• In Summerside, the firm maintains a local office that serves clients across western parts of PEI. Located only about 62 km from Charlottetown, this office ensures you don’t have to travel far to speak with experienced injury lawyers after a car accident.

These two offices mean you have full support across the Island for your injury-claim needs.

Contact our PEI Car Accident Lawyers Today So We Can Get Started on Your Case

When you come to NOVA Injury Law for help with a car accident claim, our legal team manages every part of your case so you can focus on healing. Our dedicated accident lawyers and legal staff are committed to helping clients with:

• Filing and managing your insurance claim
• Challenging unfair vehicle valuations and diminished value denials
• Collecting medical evidence and accident reports
• Negotiating with insurers or pursuing a lawsuit
• Free Case Evaluation with PEI Car Accident Lawyers

If you were injured in a car accident in PEI, call us today to schedule your free consultation. With offices in Charlottetown and Summerside, we’re available 24/7 across the Island. You pay no legal fees unless we win your case.