2021 Alberta Minor Injury Cap Announced

What is the cap for soft tissue injury compensation claims in Alberta?

The Superintendent of Insurance, Sherri Wilson has announced the 2020 soft tissue (minor injury) cap amount.  Since 2004, minor soft tissue injuries, including minor sprains and strains, have been limited by the government.  In 2004 the minor injury cap was $4,000 and that has moved up due to inflation to $5,365 in 2021, a 1.3% increase from 2020.

Before 2004 a less severe injury that lasted 3- 6 months may have been worth anywhere from $5,000 – $15,000 for the pain and suffering.  Since that time, the minor injury cap puts a limit on these less severe injuries and is set each year by the government. Continue reading

Confused About Alberta’s Minor Injury Regulation?

In 2004, the insurance industry successfully lobbied the Alberta provincial government to “cap” damages payable to motor vehicle accident victims for minor injuries. Since that time, some insurance representatives have argued that the top damage award payable under the cap, which in 2019 is $5,202, is awarded only to those who have suffered the most serious “minor injuries,” and they then attempt to bargain down from this minimal sum. Some insurance representatives may also take the position that your injuries clearly fall within the “cap,” when in fact they do not, either due to the nature of the injuries or because the injuries resulted in a serious impairment. Continue reading

The Importance of Your Family Doctor in Your Personal Injury Claim

Anyone who has been injured knows that it can be an awful experience. In addition to coping with pain and suffering, you may be worried that your symptoms might not improve. Furthermore, your injuries impact those around you. It’s never easy for those close to you to see you suffer, and they may experience feelings of helplessness. It’s important to everyone involved that you do whatever you can to heal and feel better.

If you are injured, the best way to help yourself and, those you love, is to follow the advice of your doctors and other medical professionals. In fact, from a legal standpoint, taking reasonable positive steps to ease your own pain and suffering is an extremely important part of obtaining full compensation for your injury claim. Continue reading

Sources of Compensation available following a Motor Vehicle Accident

Property Damage

After the initial treatment of any injuries sustained, the first concern most people have following a collision is dealing with the damage done to their vehicle. This will involve obtaining funding for any necessary repairs or, if the vehicle is written off, receiving a lump sum payout for the value of the vehicle.

If you have collision coverage on your vehicle, your insurer will be able to assist you. If you are at fault for the accident, they will pay for your property damage, less your deductible. If another party is at fault, and that party has insurance, your insurer will usually pay for the damage to your vehicle less your deductible (although your insurer will likely waive the deductible if liability for the accident is not in dispute) and recover that amount from the at fault driver’s insurer. Continue reading

What to Do if You are Involved in a Motor Vehicle Collision

A minor motor vehicle collision can be a traumatic event. The following are some helpful hints about what to do if you are involved in a collision:

Information You Will Need

At the collision scene obtain all information related to the collision from the other party or parties involved in the collision including:

  • Name, address and phone number of all drivers (ask to see their driver’s licences);
  • Name, address and phone number of the owners of the vehicle(s) if different from the drivers;
  • The licence plate number and vehicle identification number of each of the vehicles, along with their make, model and colour;
  • The name of the insurance companies and policy numbers for each of the other vehicles involved.
Continue reading