What Is the Minor Injury Cap in New Brunswick?

If you were hurt in a car accident in New Brunswick, the minor injury cap could limit your pain and suffering award to $9,926.59 in 2026. Here is what that actually means, and what to do next.

After a crash, most people in New Brunswick are not thinking about insurance regulations. They are thinking about pain, missed work, doctor's appointments, and whether their car is a write-off. By the time they hear the term "minor injury cap," it is often from an insurance adjuster who is using it to explain why their settlement offer is so low.

The cap is one of the most misunderstood pieces of NB injury law, and whether it applies to your case can shift the value of your claim by tens of thousands of dollars. Here is a plain-language explanation of what the cap is, who it affects, and what to do if you have been hurt.

What Is the Minor Injury Cap in New Brunswick?

The Minor Injury Cap is a legal limit on the amount you can recover for pain and suffering, also called non-pecuniary general damages, after a motor vehicle accident in New Brunswick. It was introduced under New Brunswick Regulation 2003-20 (the Injury Regulation) made under the Insurance Act. The cap applies only to injuries the law classifies as "minor."

For motor vehicle accidents that occur on or after January 1, 2026, the cap is set at $9,926.59. This figure is adjusted every year by the Financial and Consumer Services Commission of New Brunswick (FCNB) to keep pace with inflation. The cap that applies to your claim is the amount in effect on the date of your accident, not the date of your settlement.

The cap only limits pain and suffering damages. It does not cap your right to recover for lost wages, medical expenses, future care costs, or other out-of-pocket losses. Those are recoverable separately.

Which Injuries Count as "Minor" Under New Brunswick Law?

The regulation defines a minor personal injury as a sprain, strain, or whiplash-associated disorder, including any clinically associated sequelae, that does not result in permanent serious disfigurement, or permanent serious impairment of an important bodily function caused by continuing injury that is physical in nature.

Common injuries that often fall under the cap include neck and back strains, whiplash, soft tissue injuries, minor lacerations, contusions, and abrasions. Injuries that typically fall outside the cap include broken bones, traumatic brain injuries, spinal cord injuries, chronic pain conditions with documented neurological involvement, and any injury that causes lasting functional limitations.

The "Serious Impairment" Exception Is Where Cases Are Won

The most consequential part of the regulation is the serious impairment exception. Even if your injury looks minor on paper, the cap does not apply if you can demonstrate that the injury causes substantial interference with your ability to perform the essential tasks of your regular employment, training, or education, or your normal activities of daily living, and that the impairment has continued since the accident, is expected to continue, and is not expected to improve substantially.

This is not just a medical question. It is a question about how the injury affects your specific life. A wrist sprain may genuinely be minor for an office worker who recovers in a few weeks. The same sprain on a tradesperson, musician, or surgeon could meet the serious impairment test if it prevents them from performing the core duties of their job. Whether an injury escapes the cap is a fact-specific legal argument that requires medical documentation, vocational evidence, and a clear timeline.

What Should You Know After an Injury in New Brunswick?

If you have been hurt in a crash anywhere in New Brunswick, these are the steps that matter most for protecting both your recovery and your claim.

1. See a doctor immediately, and keep going back. A documented medical record from the day of the accident, with consistent follow-up visits, is the single most important piece of evidence in any cap argument. Gaps in treatment make it easy for an insurer to argue your injuries are not serious.

2. Report the accident to your own insurer, but do not give a recorded statement to the at-fault driver's insurance company. You are required to report to your own insurer. You are not required to give a statement to the other side's adjuster, and what you say to them can be used to argue your injuries fall under the cap.

3. Track everything. Symptoms, missed work, missed activities, sleep problems, mood changes, and any tasks that have become difficult. The serious impairment exception is built on this kind of evidence, and memories fade fast.

4. Know your limitation period. In New Brunswick, you generally have two years from the date of the accident to file a personal injury claim under the Limitation of Actions Act. There are limited exceptions for minors and for injuries that were not reasonably discoverable, but waiting is risky.

5. Get a legal opinion before accepting any settlement. If an adjuster has told you your injury is capped, that is a legal conclusion, not a fact. A personal injury lawyer can review your medical records and tell you whether there is a real argument that the cap does not apply, and whether your insurance dispute is worth pushing further.

How the Cap Could Affect Your Settlement

If the cap applies to your injuries, the maximum you can recover for pain and suffering in 2026 is $9,926.59. If the cap does not apply, your pain and suffering award is set by what is reasonable based on similar cases, your specific injuries, and the impact on your life. In serious cases, the difference between a capped claim and an uncapped claim can be more than $100,000.

This is why insurance companies push hard on the cap argument. It is also why the most important early decision in any New Brunswick injury claim is whether to challenge a minor injury classification, and how to build the medical and vocational record to support that challenge.

Talk to a New Brunswick Injury Lawyer Before You Settle

CLG Injury Law has been representing injured people across New Brunswick for nearly 40 years, with offices in Moncton, Saint John, and Fredericton. We have handled hundreds of cap arguments and we know what the insurance companies look for when they assess a claim.

If you have been told your injuries fall under the cap, or you are not sure whether they do, reach out for a free, no-obligation consultation. You pay nothing unless your case is successful.