The government of Alberta has passed Bill 47, the Automobile Insurance Act. This new law called the Care-First legislation is intended to prioritize care and prompt delivery of medical and disability benefits over lawsuits when it comes into effect in 2027. You might be wondering whether you can still sue in the no-fault insurance system.
The answer to the question of whether you can still sue in the new no-fault automobile system is: “it depends”. When the law comes into effect in 2027, you can still sue for personal injuries in certain prescribed situations such as in cases where the at-fault driver is convicted of specified offences in the Criminal Code, Traffic Safety and Youth Criminal Justice Act. Once these conditions are met, then the injured party is able to bring a lawsuit against the at-fault driver. In addition to these specified exceptions to the no-fault insurance system, persons who have sustained injuries can still sue third parties such as automobile manufacturers; makers and suppliers of automobile parts; persons engaged in the selling of automobiles, garage services operators, holders of a liquor licence, socials hosts, municipality that has direction, control and management of a road where an accident occurred.
What can you sue for under the no-fault insurance system in Alberta?
In addition to the question of whether you can still sue in the new no-fault automobile system in Alberta, another question you be wondering about is what can you sue for under the no-fault automobile system in Alberta? The Automobile Insurance Act specifies what kinds of damages can be sued for. It notes that an action can only be brought against a person for non-pecuniary damages such as general damages for pain and suffering and punitive or exemplary damages. The other kinds of damages are taken of by the Care-First component of the lawsuit.
Living in a province where no-fault automobile insurance is the system in effect can sometimes feel confusing, especially when it comes to whether one can sue after a motor vehicle accident. In these provinces, the law requires drivers to carry insurance that covers their own injuries and damages regardless of who caused the accident. This means that if you get into a car crash, your insurance company will pay for your medical expenses and other related costs without needing to prove which driver was at fault.
However, this no-fault system has its limits
While it’s designed to make things easier for everyone involved, it also raises questions about what happens when someone suffers serious injuries or significant damage and whether the insurance companies will deliver the care contemplated by the statue. The idea behind no-fault automobile insurance systems is to streamline the process and reduce the number of lawsuits filed over minor accidents. Still, many people argue that it limits their rights and forces them to bear burdensome costs on their own. So, while you can file an insurance claim, you often can’t take legal action against the other party unless the conditions mentioned above are met.
In addition to the conditions mentioned above, there will be further regulations that will be released that could further expand situations where one may be able to sue in the new no-fault system being introduced in Alberta. These regulations which may expand your right to sue in the new no fault insurance system in Alberta will be announced later in 2025, so make sure to continue to visit our website for more information on this evolving topic. This is an evolving topic, it is important to consult an experienced personal injury lawyer to assist you in navigating the Care-first system when it comes into effect in 2027. It is important to note that all motor vehicle accidents that happen before 2027 are still covered by the current system which allows you to still be able to sue for personal injuries sustained in motor vehicle accidents.
Our lawyers at Watchmaker law can be reached at 825-203-9801 and you can chat with one of our live representatives now.
