Car accidents can be overwhelming, especially when dealing with injuries and the financial burden that follows. If you were not at fault for the accident, you have the right to seek compensation for medical expenses, lost wages, and pain and suffering. However, insurance plays a significant role in how you receive compensation. Understanding Alberta’s insurance laws and car accident claim process can help you navigate your personal injury claim more effectively.
What is the Personal Injury Clause of Insurance?
Alberta’s insurance policies include a personal injury clause covering medical expenses and lost income for insured drivers. This falls under Section B benefits, which provide compensation regardless of fault. However, if you do not have insurance, you may not qualify for these benefits and must seek compensation from the at-fault driver’s insurance instead, making the claims process more complex.
What is the Difference Between “At-Fault” and “No-Fault” in an Alberta Car Accident?
Alberta currently operates under an at-fault insurance system, meaning that the at-fault driver’s insurance is responsible for covering damages, including medical expenses and lost wages. This insurance system allows injured parties to file a claim against the at-fault driver’s insurance to recover losses.
At-Fault Insurance System
In the current model, the driver responsible for causing the accident must cover the damages through their insurance policy. If you are injured due to someone else’s negligence, you can file a claim against their insurance for compensation.
No-Fault Insurance System
As of 2027, Alberta will be transitioning to a no-fault model. After the transition, in the case of a car accident in Alberta, each person’s own insurance will cover medical expenses and lost income, regardless of who caused the accident. While this model aims to streamline compensation, it also limits an individual’s ability to take legal action against an at-fault driver unless criminal negligence is involved.
At Braithwaite Boyle, our car accident injury lawyers fight for you to get the compensation you deserve. If you have questions about how the Alberta insurance system transition will impact your car accident settlement payout, we are here to help. As an Alberta-based firm, we understand the local laws and regulations that impact your case. When you work with our team, we will take the time to ensure that you get clear, accurate answers quickly about your case and next steps. If you have been injured in a car accident and were not at fault, call us today for a free consultation with an Alberta injury lawyer.
What Happens If You’re Injured in a Car Accident Without Insurance?
Being involved in a car accident without insurance can complicate your ability to seek compensation, even if you are not at fault. Alberta’s fault-based insurance system allows injured parties to claim damages from the at-fault driver’s policy, but the process can be more challenging if you don’t have your own coverage.
Can You Still File a Claim Against the At-Fault Driver’s Insurance?
Alberta’s fault-based system allows you to seek compensation from the at-fault driver’s insurance for medical expenses, lost income, and other damages.
Do Section B Accident Benefits Apply?
Typically, Alberta drivers can access Section B accident benefits from their own insurance for medical costs and lost wages, regardless of fault. Without insurance, you won’t have access to these benefits and must rely solely on the at-fault driver’s insurance claim.
What If the At-Fault Driver Is Uninsured or Flees the Scene?
If you are involved in a hit-and-run or are hit by an uninsured driver, you may be eligible for compensation through Alberta’s Motor Vehicle Accident Claims (MVAC) program. You must notify MVAC within 90 days of the accident and follow specific legal steps to file a claim.
What are the Penalties for Driving Without Insurance?
Alberta has strict penalties for uninsured drivers. If you are found at fault for a car accident in Alberta and do not have insurance, you could be personally responsible for all injury-related costs, which can exceed $15,000. Additionally, you may face fines starting at $2,875 for a first offence.
If you were injured in a car accident and are not at fault, Braithwaite Boyle’s experienced injury lawyers can help guide you through the claims process. Our team is dedicated to ensuring you receive the maximum compensation available, whether through the at-fault driver’s insurance or alternative legal avenues like MVAC. Contact us today for a free consultation with a car accident injury lawyer to discuss your options.
What is the Average Settlement for a Car Accident in Alberta?
Your settlement amount for a car accident in Alberta will differ from someone else based on various factors. Keep in mind that while minor injuries such as soft tissue damage fall under Alberta’s Minor Injury Cap (approximately $6,061), more severe injuries requiring long-term treatment can result in significantly higher payouts. As of 2024, the average car accident settlement for major injuries ranges from $20,000 to $50,000. Some of the factors at play in your settlement include:
- Injury Severity: More serious injuries requiring extensive treatment or rehabilitation typically result in higher compensation.
- Pain and Suffering: Compensation depends on the nature of the injuries and how they impact daily life.
- Financial Losses: Loss of income, medical expenses, and long-term rehabilitation needs can significantly impact settlement amounts.
- Liability and Insurance Coverage: If the at-fault driver lacks adequate insurance, your compensation options may be limited.
See Also: How to Calculate Damages in a Personal Injury Claim
How Alberta Injury Lawyers for Car Accidents Can Help Your Next Claim
If you have been injured in a car accident caused by another driver, working with an injury lawyer for car accidents at Braithwaite Boyle can ensure that you receive the compensation you deserve. An Alberta injury lawyer can help you:
- Gather evidence and assess the full extent of your damages
- Navigate insurance negotiations to maximize your settlement
- Understand how Alberta’s evolving insurance laws will impact your claim
- File a lawsuit if necessary to recover losses from an at-fault driver
Take Control of Your Car Accident Claim Today
Navigating an injury claim after a car accident can be complicated, especially with evolving insurance regulations. If you’ve been injured due to another driver’s negligence, don’t leave your compensation to chance. Braithwaite Boyle is here to help you through every step of the process. Don’t wait to file your car accident claim. Contact our team of car accident injury lawyers near you for a free consultation and learn how we can support your case.