Newfoundland and Labrador Car Accident Deadlines
The dates that govern a Newfoundland and Labrador car accident claim. Free. No email required. For drivers, passengers, cyclists and people on foot.
Newfoundland and Labrador has a deadline that exists nowhere else in Canada, it was added in 2019, and a great many people have never heard of it. If you might ever want to sue the driver who hurt you, it starts running the day of the crash.
The 120 day notice. Section 25.1 of the Automobile Insurance Act says that if you intend to bring an action for injury or death from the use of an automobile, you must serve written notice of that intention on the insured within 120 days of the accident. It is not enough to write it. It has to be served.
AT A GLANCE
| You have | To do this | Counting from |
|---|---|---|
| 30 days | Notify your own insurer of the accident | The date of the accident |
| 90 days | File the proof of claim | The date of the accident |
| 120 days | Serve written notice of intention to sue on the insured | The date of the accident |
| 6 months | Start an action involving the City of St. John's | The date of loss |
| 2 years | Start the lawsuit itself | The incident, or when you became aware of the injury |
What is the 120 day notice and what happens if you miss it?
You do not lose the claim. You lose the interest. Missing the 120 days does not stop you bringing a personal injury action inside the two year limitation period. What it costs you is prejudgment interest, the interest that accrues on your eventual award from the start of the action until it resolves. On a claim that takes years to settle, that is real money.
You can apply to the Supreme Court for an extension, though there is little guidance on what would persuade a court to grant one. Better not to need it.
Serving is not the same as sending. The notice has to be served on the insured. That is normally done by a process server who then swears an affidavit confirming it was served, and that affidavit is what settles any later argument about whether it happened. Keep a copy.
Which means you need their details. The other driver's full name and address, from the scene. Without those you cannot serve anyone. If you did not get them, a police report may have them, though it takes time and money to obtain, and the clock does not pause while you wait.
How long do you have to notify your insurer?
Thirty days, with the proof of claim at ninety. This is your own insurer and your Section B benefits, which pay for treatment, rehabilitation and lost income whoever caused the crash. It runs entirely separately from the 120 day notice and from the limitation period.
Three clocks, three different purposes, all starting on the same day. That is the thing to keep in front of you.
How long do you have to sue in Newfoundland and Labrador?
Two years, from the incident or from when you first became aware of the injury, under the Limitations Act. For a person under nineteen the clock does not start until they turn nineteen.
There is one much shorter deadline worth knowing. Where the City of St. John's is involved, an action may not be started more than six months after the date of loss.
Last verified: July 2026
Checked against: section 25.1 of the Automobile Insurance Act as added in 2019, the Limitations Act SNL 1995 c L-16.1, and the City of St. John's Act, cross-checked across multiple independent Newfoundland and Labrador practitioner sources.
Deadlines change. If you find something on this page that is out of date, write to Recovery@hurtsquare.ca and we will correct it publicly.
Keeping the record these deadlines depend on
The 120 day notice depends on something you either wrote down at the roadside or did not. The other driver's full name and address. Everything else on this page depends on knowing what day things happened.
Two things decide how an injury claim goes. What you wrote down and whether you did the right thing at the right time for where you live. The National Recovery Guide handles the first, the daily record of symptoms, appointments, calls and costs that a claim is eventually judged on. The Provincial Companion Guide handles the second, the deadlines on this page and the forms, boards and appeal routes behind them. People who have only one tend to end up with a careful record aimed at the wrong process, or the right dates and nothing to put in front of them.
Recovery First. Pressure Last.
See the Newfoundland and Labrador MVA Companion Guide
The scene checklist for the first three days is at hurtsquare.ca/72. It is free and asks nothing of you.
This page is general information for people in Newfoundland and Labrador. It is not legal or medical advice. Rules differ by province and change over time. Confirm anything specific to your situation with a lawyer or your insurer.