How Long Do You Have to File a Car Accident Claim in New Brunswick?
May 22, 2026
6 min read
After the Accident
New Brunswick
Our Practice Areas
Key Takeaways
- The general limitation period for a personal injury lawsuit in New Brunswick is two years from the day the claim was discovered, under section 5(1)(a) of the Limitation of Actions Act.
- A 15-year ultimate limitation period applies regardless of discoverability, with limited exceptions for minors and persons under disability.
- Section B (no-fault) benefits require notice to your own insurer within 30 days and a proof of claim within 90 days after it is requested.
- Claims against the Crown require two months' prior written notice to the Attorney General. Municipal claims can require notice in weeks, not years.
- For minors, the limitation clock does not start until age 19, but evidence preservation cannot wait that long.
- Filing early protects your evidence, your witnesses, and your bargaining position. Last-minute filings are more vulnerable to challenge.
You have two years to sue, but several other deadlines start running the day of the crash. Miss any one of them and part of your claim can be gone before you ever speak to a lawyer.
The most common question we hear after a car accident in New Brunswick is some version of "How long do I have?" People assume there is a single answer. There is not. A crash on the Trans-Canada near Moncton, on Route 1 outside Saint John, or at a snow-covered intersection in Fredericton can trigger several different deadlines, each running on its own clock.
Here is a plain-language walkthrough of the deadlines that matter most, and what to do in the first few days to protect every part of your claim.
The Headline Number: Two Years to Sue
The general limitation period for a personal injury lawsuit in New Brunswick is two years, set out in section 5(1)(a) of the Limitation of Actions Act. The clock starts on the day your claim is "discovered." In most car accident cases that is the day of the crash, when both the injuries and the at-fault driver are obvious. In cases involving delayed-onset symptoms like chronic pain or brain injury, or hit-and-run accidents where the other driver is identified later, the clock can start later. The Supreme Court of Canada confirmed in Grant Thornton LLP v. New Brunswick, 2021 SCC 31 that a claim is discovered when you have enough information to reasonably suspect a defendant caused your injury, not when you fully understand the legal case.
If you do not file a Statement of Claim with the Court of King's Bench inside that two-year window, your right to sue the at-fault driver is generally gone, regardless of how serious your injuries are. New Brunswick also imposes a 15-year outer limit under section 5(1)(b) that rarely matters in standard car accidents but is worth knowing exists.
The Deadlines That Run Alongside the Two-Year Clock
One accident, several clocks. The ones that matter most:
Section B accident benefits: 30 days and 90 days. Section B benefits of your own auto policy pays medical, rehabilitation, and disability income on a no-fault basis. To protect those benefits you generally need to notify your own insurer within 30 days of the accident (or as soon as reasonably possible) and file a proof of claim within 90 days after they request one. These are policy deadlines, separate from the court limitation period. Missing them is not always fatal, insurers have paid where the delay was caused by serious injury, hospitalization, or genuine lack of awareness that the benefit existed, but a short written notice in the days after the crash takes the issue off the table.
SEF 44 / underinsured motorist claims. If you carry the SEF 44 Family Protection Endorsement, your own insurer becomes a backup payer when the at-fault driver is uninsured or under-insured. SEF 44 claims run on the same two-year limitation period, plus the specific notice and cooperation requirements built into the policy itself.
Claims involving the Province. If a New Brunswick Crown body, employee, or vehicle is involved, the Proceedings Against the Crown Act requires at least two months' prior written notice to the Attorney General before suit. Notice served late in the two-year window extends the limitation period by seven days after the notice period ends.
Claims involving a municipality. If your accident involves municipal property, a poorly maintained intersection, an unmarked construction zone, a city-owned vehicle, the Local Governance Act and local by-laws can require written notice within weeks, not years. Missing a municipal notice deadline can end that part of your claim long before the two-year window closes.
When the Clock Works Differently
Minors. If the injured person was under 19 (the age of majority in New Brunswick) at the time of the crash, the two-year clock does not begin to run until they turn 19. Evidence preservation still cannot wait. Witnesses move, medical records pile up, and the practical case still has to be built.
Persons unable to bring a claim. If you are unable to sue because of your physical, mental, or psychological condition, the limitation period may be suspended for the time you are incapacitated. This is a fact-specific question that needs medical evidence and legal advice.
What to Do in the First Few Days
You do not need to memorize statutes. You need a small number of clear steps after the crash.
1. See a doctor, even if you feel fine. Concussions, soft tissue injuries, and internal damage often show up hours or days later. A medical record dated right after the crash links your symptoms to the accident and makes everything that follows easier.
2. Report to police if anyone was hurt or property damage is significant. A police report creates an official record of the collision.
3. Notify your own insurer in writing within a few days. A short email or call opens your Section B file and satisfies the 30-day rule.
4. Document the scene and your injuries. Photos of vehicle damage, the road, your visible injuries, and witness contact information. Write down your own account while it is fresh.
5. Do not give a recorded statement to the other driver's insurer. You are not required to. What you say before you understand the full extent of your injuries can be used to argue that your case falls under the minor injury cap.
6. Speak with a personal injury lawyer. Most consultations are free. A short conversation is enough to identify which deadlines apply and what comes next.
Why Earlier Is Better Than On Time
Even with months left on the clock, earlier is better. Intersection and gas station surveillance footage is often overwritten in 30 to 60 days. Witnesses move and forget details. Repair shops scrap vehicles. Treatment records that take a week to assemble while the file is new can take months once it is years old. A claim filed at the eleventh hour is more vulnerable to procedural challenges than one filed early with a complete file.
How CLG Helps
CLG Injury Law has been helping injured New Brunswickers since 1987, with offices in Moncton, Saint John, and Fredericton. We handle Section B benefits, tort claims against at-fault drivers, SEF 44 claims, and insurance disputes across the province.
If you have been hurt in a car accident and you are not sure where to start, reach out. There is no pressure and no obligation. We are here when you are ready.
You have two years to sue, but several other deadlines start running the day of the crash. Miss any one of them and part of your claim can be gone before you ever speak to a lawyer.
The most common question we hear after a car accident in New Brunswick is some version of "How long do I have?" People assume there is a single answer. There is not. A crash on the Trans-Canada near Moncton, on Route 1 outside Saint John, or at a snow-covered intersection in Fredericton can trigger several different deadlines, each running on its own clock.
Here is a plain-language walkthrough of the deadlines that matter most, and what to do in the first few days to protect every part of your claim.
The Headline Number: Two Years to Sue
The general limitation period for a personal injury lawsuit in New Brunswick is two years, set out in section 5(1)(a) of the Limitation of Actions Act. The clock starts on the day your claim is "discovered." In most car accident cases that is the day of the crash, when both the injuries and the at-fault driver are obvious. In cases involving delayed-onset symptoms like chronic pain or brain injury, or hit-and-run accidents where the other driver is identified later, the clock can start later. The Supreme Court of Canada confirmed in Grant Thornton LLP v. New Brunswick, 2021 SCC 31 that a claim is discovered when you have enough information to reasonably suspect a defendant caused your injury, not when you fully understand the legal case.
If you do not file a Statement of Claim with the Court of King's Bench inside that two-year window, your right to sue the at-fault driver is generally gone, regardless of how serious your injuries are. New Brunswick also imposes a 15-year outer limit under section 5(1)(b) that rarely matters in standard car accidents but is worth knowing exists.
The Deadlines That Run Alongside the Two-Year Clock
One accident, several clocks. The ones that matter most:
Section B accident benefits: 30 days and 90 days. Section B benefits of your own auto policy pays medical, rehabilitation, and disability income on a no-fault basis. To protect those benefits you generally need to notify your own insurer within 30 days of the accident (or as soon as reasonably possible) and file a proof of claim within 90 days after they request one. These are policy deadlines, separate from the court limitation period. Missing them is not always fatal, insurers have paid where the delay was caused by serious injury, hospitalization, or genuine lack of awareness that the benefit existed, but a short written notice in the days after the crash takes the issue off the table.
SEF 44 / underinsured motorist claims. If you carry the SEF 44 Family Protection Endorsement, your own insurer becomes a backup payer when the at-fault driver is uninsured or under-insured. SEF 44 claims run on the same two-year limitation period, plus the specific notice and cooperation requirements built into the policy itself.
Claims involving the Province. If a New Brunswick Crown body, employee, or vehicle is involved, the Proceedings Against the Crown Act requires at least two months' prior written notice to the Attorney General before suit. Notice served late in the two-year window extends the limitation period by seven days after the notice period ends.
Claims involving a municipality. If your accident involves municipal property, a poorly maintained intersection, an unmarked construction zone, a city-owned vehicle, the Local Governance Act and local by-laws can require written notice within weeks, not years. Missing a municipal notice deadline can end that part of your claim long before the two-year window closes.
When the Clock Works Differently
Minors. If the injured person was under 19 (the age of majority in New Brunswick) at the time of the crash, the two-year clock does not begin to run until they turn 19. Evidence preservation still cannot wait. Witnesses move, medical records pile up, and the practical case still has to be built.
Persons unable to bring a claim. If you are unable to sue because of your physical, mental, or psychological condition, the limitation period may be suspended for the time you are incapacitated. This is a fact-specific question that needs medical evidence and legal advice.
What to Do in the First Few Days
You do not need to memorize statutes. You need a small number of clear steps after the crash.
1. See a doctor, even if you feel fine. Concussions, soft tissue injuries, and internal damage often show up hours or days later. A medical record dated right after the crash links your symptoms to the accident and makes everything that follows easier.
2. Report to police if anyone was hurt or property damage is significant. A police report creates an official record of the collision.
3. Notify your own insurer in writing within a few days. A short email or call opens your Section B file and satisfies the 30-day rule.
4. Document the scene and your injuries. Photos of vehicle damage, the road, your visible injuries, and witness contact information. Write down your own account while it is fresh.
5. Do not give a recorded statement to the other driver's insurer. You are not required to. What you say before you understand the full extent of your injuries can be used to argue that your case falls under the minor injury cap.
6. Speak with a personal injury lawyer. Most consultations are free. A short conversation is enough to identify which deadlines apply and what comes next.
Why Earlier Is Better Than On Time
Even with months left on the clock, earlier is better. Intersection and gas station surveillance footage is often overwritten in 30 to 60 days. Witnesses move and forget details. Repair shops scrap vehicles. Treatment records that take a week to assemble while the file is new can take months once it is years old. A claim filed at the eleventh hour is more vulnerable to procedural challenges than one filed early with a complete file.
How CLG Helps
CLG Injury Law has been helping injured New Brunswickers since 1987, with offices in Moncton, Saint John, and Fredericton. We handle Section B benefits, tort claims against at-fault drivers, SEF 44 claims, and insurance disputes across the province.
If you have been hurt in a car accident and you are not sure where to start, reach out. There is no pressure and no obligation. We are here when you are ready.
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People Also Ask
How long do I have to file a car accident lawsuit in New Brunswick?
What is the difference between a Section B claim and a personal injury lawsuit in New Brunswick?
Does the two-year deadline apply if I was injured as a minor?
What if I missed my Section B notice deadline?
I was injured in a crash involving a government vehicle. Does that change my deadline?
