New Brunswick Car Accident Claims: Minor Injury Cap, Section B Benefits, and Driving Without Insurance

New Brunswick uses a private tort insurance system where you can sue an at fault driver for any injury beyond a capped minor personal injury category (bruises, abrasions, cuts, sprains, strains and whiplash that do not cause serious impairment or permanent serious disfigurement), every policy carries mandatory Section B accident benefits, and driving genuinely uninsured carries a mandatory minimum $1,000 fine that is legally distinct from merely forgetting your insurance card.

Information last verified on 2026-09-24. This article has not yet been reviewed by a licensed lawyer.

This article covers the private automobile insurance and tort system in New Brunswick under the Insurance Act, R.S.N.B. 1973, c. I-12, and the Motor Vehicle Act, R.S.N.B. 1973, c. M-17. It does not cover the other Atlantic provinces or Québec's no fault regime; for a side by side comparison of every Canadian province's insurance model, see Car Accident Claims Across Canada. For how limitation periods generally work outside the auto context, see Statute of Limitations in Canada.

How New Brunswick's Car Accident System Works

New Brunswick runs a private tort system layered with mandatory no fault accident benefits. If another driver caused your crash, you can sue that driver for damages, including pain and suffering, subject only to the minor personal injury cap described below. Separately, and regardless of who was at fault, your own insurer must pay Section B accident benefits under Insurance Act s.264. The two tracks are not exclusive. A claimant commonly draws on Section B benefits from their own insurer while also pursuing a tort claim against the at fault driver.

The Minor Personal Injury Cap: What It Limits

New Brunswick's Insurance Act does not use an Ontario style verbal threshold barring lawsuits below a severity line. The Act contains no language of that kind. What it does have is a dollar cap on non pecuniary loss for a defined injury category. Insurance Act s.265.21(3) sets it out:

In an action for damages arising out of an accident, the amount recoverable as damages for the non pecuniary loss of the plaintiff for minor personal injury shall not exceed the amount set out in the regulations. (Insurance Act, R.S.N.B. 1973, c. I-12, s.265.21(3))

For accidents on or after July 1, 2013, Regulation 2003-20 s.4.2(2) defines the category:

"minor personal injury" means any of the following injuries, including any clinically associated sequelae, that do not result in serious impairment or in permanent serious disfigurement: (a) a contusion; (b) an abrasion; (c) a laceration; (d) a sprain; (e) a strain; and (f) a whiplash associated disorder. (Regulation 2003-20, s.4.2(2))

That list is broader than Nova Scotia's, which covers only sprains, strains and whiplash. Bruises, scrapes and cuts are inside New Brunswick's cap. The way out of the category is "serious impairment," which s.4.2(1) defines as an impairment of a physical or cognitive function that results in a substantial inability to perform the essential tasks of your regular job or of a training or education program you were enrolled in, or your normal activities of daily living, that has been ongoing since the accident, and that is not expected to improve substantially. The regulation also defines a whiplash associated disorder as a whiplash injury without objective, demonstrable neurological signs and without a fracture or dislocation of the spine.

The Act also allows a separate cap for soft tissue injury under s.265.21(2), but the current regulation prescribes an amount only for minor personal injury: s.4.3(1) sets the base amount "for the purposes of subsection 265.21(3)." The cap limits the dollar amount recoverable for that category. It does not bar a claim from being heard, and it does not affect a claim for a more serious injury at all.

How Much the 2026 Minor Personal Injury Cap Is Worth

The figure adjusts every January 1 under Regulation 2003-20 s.4.3, based on the prior year's New Brunswick Consumer Price Index change. FCNB's current indexation notice states the calculation directly:

Pursuant to section 4.3 of the Regulation, the amount is to be adjusted in accordance with the rate of increase in the Consumer Price Index for New Brunswick. Therefore, effective January 1, 2026, the minor injury amount of $9,722.42 will be adjusted by 2.1% to $9,926.59. The new amount relates to minor personal injuries caused in motor vehicle accidents that occur in New Brunswick on or after January 1, 2026. (FCNB, Insurance Notice: Annual Indexation)

The jump from $2,500 to $7,500 shown between 2013 and 2014 in FCNB's own historical table reflects a regulatory reset of the base amount by N.B. Reg. 2013-37, effective for accidents on or after July 1, 2013. The cap that applies to you is the figure for the year of your accident: Regulation 2003-20 s.4.3(3) provides that "the maximum amount recoverable for a given year applies only with respect to accidents that occurred in that year." So $9,926.59 applies to 2026 accidents, while a 2024 accident is capped at $9,513.14.

Section B Accident Benefits

Section B benefits are mandatory on every New Brunswick auto policy and pay regardless of fault. Insurance Act s.264 requires every motor vehicle liability policy to provide:

insurance described in section 256 against expenses for medical, surgical, dental, ambulance, hospital, professional nursing or funeral services, and accident insurance benefits described in section 257 in respect of death of or injury to an insured person, as set forth in Subsections 1 and 2 of Section B, Accident Benefits, of the New Brunswick Standard Automobile Policy approved by the Superintendent. (Insurance Act, R.S.N.B. 1973, c. I-12, s.264)

The specific dollar sub limits for those benefits live in the Standard Automobile Policy form itself rather than the Act, and this article did not independently pull them. Check your own policy's Section B schedule, or contact your insurer directly, for the current dollar amounts that apply to your coverage.

Driving Without Insurance: Two Different Offences

New Brunswick distinguishes sharply between genuinely driving an uninsured vehicle and simply not having the insurance card with you. Motor Vehicle Act s.17.1(1) requires every registered vehicle to be covered by the insurance described in the Insurance Act, and s.17.1(2) makes it an offence to operate, or to permit the operation of, a vehicle not covered by that required insurance.

The penalty for that offence is a mandatory minimum, set out in s.17.1(2.1):

Notwithstanding section 51 and subsection 56(8) of the Provincial Offences Procedure Act, a judge shall impose a fine under that Act of not less than one thousand dollars on a person convicted of an offence under subsection (2). (Motor Vehicle Act, R.S.N.B. 1973, c. M-17, s.17.1(2.1))

The maximum comes from the Provincial Offences Procedure Act. Section 56(8) provides that for a "category H offence, a judge shall impose a fine of not less than $500 and not more than $20,500." Combined with the $1,000 floor in s.17.1(2.1), a conviction for driving uninsured carries a fine of $1,000 to $20,500. Under s.57(h), where the maximum fine was imposed on a previous conviction for the same offence, the category H maximum rises to $50,000.

A previous conviction also exposes the vehicle. Under s.17.1(3.2), a peace officer may seize and impound the vehicle at the roadside if the driver cannot produce a liability insurance card and the registered owner was convicted of a s.17.1(2) offence within the previous 24 months. The owner's earlier conviction is the trigger; a second conviction is not required.

That $1,000 mandatory minimum attaches only to genuinely being uninsured. A separate, lower tier offence covers not carrying proof of insurance in the vehicle even though the vehicle is actually insured, under s.28(1.1). New Brunswick Regulation 91-50, Schedule A, confirms the two are classified differently: s.17.1(2), vehicle not insured, is Category H, while s.28(1.1), not carrying evidence of insurance, is Category B, which Provincial Offences Procedure Act s.56(2) sets at a fine of not less than $140 and not more than $640. Do not treat these as the same violation. A driver who forgot their card at home but is genuinely insured is not facing the $1,000 mandatory minimum that applies to a driver who is actually uninsured.

How Long You Have to Sue

New Brunswick's general limitation period applies to car accident lawsuits. Limitation of Actions Act s.5(1)(a) sets the deadline:

Unless otherwise provided in this Act, no claim shall be brought after the earlier of two years from the day on which the claim is discovered. (Limitation of Actions Act, S.N.B. 2009, c. L-8.5, s.5(1)(a))

This is the same two year discoverability structure used elsewhere in Canada, though the discovery date, when you knew or ought to have known you had a claim, can be later than your accident date in some cases. This article does not cover whether New Brunswick has a benefit dispute tribunal or appeal path with its own deadline, comparable to Ontario's Licence Appeal Tribunal or Québec's Tribunal administratif du Québec.

Disclaimer: This article provides general information about car accident claims and automobile insurance in New Brunswick under the Insurance Act, R.S.N.B. 1973, c. I-12, the Motor Vehicle Act, R.S.N.B. 1973, c. M-17, and the Limitation of Actions Act, S.N.B. 2009, c. L-8.5, current as of September 2026. It is not legal advice. Section B accident benefit dollar sub limits were not independently confirmed for this article. Consult FCNB, your insurer, or a lawyer licensed in New Brunswick for advice on your specific situation.

Frequently Asked Questions

Does New Brunswick have a threshold that blocks small injury claims from going to court?

No. New Brunswick's only tort damages restriction is a dollar cap on non pecuniary loss for a minor personal injury (a contusion, abrasion, laceration, sprain, strain or whiplash associated disorder without serious impairment or permanent serious disfigurement) under Insurance Act s.265.21(3), not a bar on suing. Anyone with a more serious injury can sue for full non pecuniary damages without that cap.

How much is New Brunswick's minor personal injury cap in 2026?

$9,926.59, confirmed by the Financial and Consumer Services Commission (FCNB). The figure adjusts every January 1 based on the prior year's New Brunswick Consumer Price Index change, and the amount for the year your accident happened is the one that applies, under Regulation 2003-20 s.4.3(3).

What is the real penalty for driving without insurance in New Brunswick versus forgetting my insurance card?

They are different offences with different penalties. Genuinely driving an uninsured vehicle under Motor Vehicle Act s.17.1(2) carries a fine of $1,000 to $20,500 (the s.17.1(2.1) minimum and the category H maximum in Provincial Offences Procedure Act s.56(8)) and is classified as Category H under New Brunswick Regulation 91 50. Forgetting to carry proof of insurance while actually insured, under s.28(1.1), is a separate Category B offence with a fine of $140 to $640.

Can my car be impounded for driving uninsured in New Brunswick?

Yes. Under Motor Vehicle Act s.17.1(3.2), a peace officer may seize and impound the vehicle at the roadside if the driver cannot produce a liability insurance card and the registered owner was convicted of uninsured driving within the previous 24 months. No second conviction is needed.

What are Section B accident benefits in New Brunswick?

Section B benefits are mandatory on every New Brunswick auto policy under Insurance Act s.264 and cover medical, surgical, dental, ambulance, hospital, nursing, and funeral expenses plus accident benefits for death or injury, regardless of fault. This article did not independently confirm the specific dollar sub limits, which live in the New Brunswick Standard Automobile Policy form.

How long do I have to sue after a car accident in New Brunswick?

Generally two years from when you discover your claim, under Limitation of Actions Act s.5(1)(a).