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Alberta Automotive Insurance Reform and Personal Injury

Alberta Automotive Insurance Reform and Personal Injury

On October 29, 2020, the Alberta Government introduced Bill 41 to update the Insurance Act.  The new legislation places limits on the number of expert reports that the parties can rely on in a personal injury claim relating to a car accident and a reduction in the amount of interest claimable by the injured plaintiff; these changes come into effect on January 1, 2021. 

The Alberta Government has also amended the Minor Injury Regulation effective November 1, 2020.  The amendment has broadened the definition of a “minor injury” to include “clinically associated sequalae”  of the sprain, strain, or WAD injury, whether physical or psychological in nature, caused by the car accident, that does not result in a serious impairment.  

The limits on amounts that Albertans can claim for pain and suffering under the Minor Injury Regulation are known as “caps”.  The maximum amount that can be claimed in general damages for a minor injury or capped claim in 2020 is $5,296. 

Insurance companies will undoubtedly try to use this expanded definition of minor injury to try and cap the claims of Albertans who have sustained personal injuries in a car accident. 

With these changes, it’s now more important than ever to hire experienced personal injury lawyers to protect your rights.  At Law Fifty One, we know that whiplash injuries can result in serious impairments that can have a profound effect on your life. If you have been injured in a car accident because of someone else’s negligence, call one of the lawyers at Law Fifty One to schedule a free consultation.