Important Information About Potential Changes to Compensation for Motor Vehicle Accident Victims
It is important to note that these potential changes will in all likelihood not be retroactive, meaning that such changes will likely not impact the claims of individuals whose injuries occurred before the changes are actually made.
The Alberta Government's Insurance Review Committee has been tasked with making recommendations for reforming the current automobile insurance system in our Province. As part of that process they've circulated a survey to Albertans asking questions which appear skewed to receiving responses which support a recommendation that a no-fault automobile insurance system (very similar to a Workers Compensation Board system for all accident victims) be implemented in Alberta.
There are several alternative approaches to a no-fault system to ensure the affordability of automobile insurance premiums in Alberta, however, it appears from the wording of the survey that the Committee is not giving serious consideration to any of these options.
We believe it is important that you understand what a "no-fault" insurance system means. If a no-fault system is adopted, innocent Albertans injured in motor vehicle accidents through no fault of their own will lose their right to obtain fair compensation for pain and suffering, lost income, health treatment costs, and other damages they've suffered because of someone else’s negligence. Further, they will lose the right to access the courts to ensure they receive the benefits they are entitled to receive by law. We believe that maintaining the right to access the courts is vital to protect innocent victims of motor vehicle accidents in Alberta. To do otherwise is to give all control over your claim and health to the insurance companies.
The existing insurance system already allows access to no-fault benefits AND at the same time preserves the right of innocent victims to obtain full and fair compensation for their injuries and associated past and future financial losses. The survey seems to suggest that you have to choose between either a) suing or b) accessing no-fault benefits. This is not true.
The current system provides for immediate access to treatment so injured victims can obtain the rehabilitation services they require to maximize their recovery. The current system also allows victims to claim compensation for all their losses and access the courts for justice should the insurer of the at-fault driver be unwilling to agree to a fair settlement.
We would appreciate if you could take the time to complete the Government's survey below. We encourage you to let the Government know that maintaining your full legal rights — including the right to sue — is important to you.
The deadline to complete the Committees’ short survey is Friday, March 6, 2020. Please share this widely with your family and friends: https://www.alberta.ca/automobile-insurance-reform.aspx
For further information about automobile insurance coverage changes, please visit the Fair Alberta website, at https://fairalbertainjuryregulations.ca/.
Regards,
Greg Rodin