Alberta is a big province, and oftentimes the only way to get from point A to B is to drive. Most car trips are thankfully uneventful, but this reality of Prairie life still comes with inherent risk, especially when most motor vehicle accidents in Alberta happen in rural areas. Serious accidents do occur, leaving survivors to contend with injuries, permanent disability and worse. Impacts of those serious motor vehicle accidents extend beyond the physical— our team can help you feel heard, understood, and supported, while providing the legal support that you need.
Alberta Traffic Accident Statistics cite the leading causes of motor vehicle accidents in Alberta are:
Regardless of the cause, it’s important for those injured in a motor vehicle accident to seek legal advice so that they can best understand what course of action can be taken toward recovery and pursuing meaningful compensation.
Motor vehicle accidents can happen any time and anywhere. Here are some Immediate steps to take if you’ve been in an accident:
If you or a loved one have been injured following a motor vehicle accident, here’s what we recommend to do within the next 24 hours after being in a motor vehicle accident:
Having basic automobile insurance, both accident benefits and $200,000 in third party liability, is required by provincial law. Insurance coverage such as collision, or comprehensive (ie. covering theft, vandalism, weather damage) is not.
As of 2004, the Alberta government introduced the Minor Injury Regulation (MIR), which puts a limit on the total damages recoverable for any minor soft tissue damages. These injuries are defined as any injury or condition that does not result in a serious or long-term impairment, such as a sprain, strain, or whiplash-associated disorder. This limit is adjusted annually for inflation. While the government has put a cap on how much one can recover for a minor injury, that limit does not affect your ability to claim loss of income, cost of care, or other kinds of damages.
On January 1st, 2022, the Alberta government adopted the Direct Compensation for Property Damage (DCPD) system for car insurance claims. Through this system, a driver’s own insurer covers repairs to their vehicle in the event of a collision where the driver and policyholder is not at fault. The DCPD should not be confused with a “no fault” auto insurance system though, as the policy only specifically deals with vehicle damages. Any claims relating to injuries are still dealt with through the insurers of all parties involved in a collision, including whoever is at fault.
If you have questions about how the cap applies to you, or about how to navigate insurance claims after a motor vehicle accident, contact our law firm for a free consultation.
Understanding insurance claim compensation in Alberta
Communicating with an insurance company on your own can be challenging, even if your injuries are minor. These are businesses whose entire model is built around providing you with as little compensation as possible.
There are many factors that affect compensation from a motor vehicle accident, such as:
A personal injury lawyer can negotiate with insurance companies to help you get the compensation you deserve.
Once all parties have notified their respective insurance companies, each company will investigate the accident to establish liability, which is where the evidence you collected at the scene, and after the fact, can really help support your claim. The cumulative information that comes via police reports, eyewitness testimonies, and medical records all play a huge role in the strength of your negotiating power.
What if you’ve been injured by an unknown or uninsured driver in Alberta?
If you’ve been in a motor vehicle accident and the driver either fled the scene or was not insured, there are still various forms of recourse that you can pursue.
The Motor Vehicle Accident Claims Act (MVAC) is a program in Alberta that allows for payment toward personal injury damages, but not property damage. The program, which was created in 1947, is funded by the provincial government.
This process is still complicated and a number of criteria needs to be satisfied before determining an individual’s eligibility. MVAC is only a final option, if all other avenues of compensation have been exhausted. At this stage, we recommend you reach out to our law firm for a free consultation to see what options might be available to you.
If you or someone you know has recently been in a motor vehicle accident, contact our law firm for a free consultation. During this consultation you can ask our legal team if your claim is worth pursuing, how long it may take to settle and other questions you may have. Call 1-888-494-7191 now – we are open 24/7 to take your call.
If you or a loved one require legal assistance regarding your claim, our lawyers are here to help.
Our phone lines are open 24/7. Call us anytime to schedule your free consultation. You don't pay us anything unless you decide to hire us and get you the compensation you deserve.Case AssessmentCall Us