Car accidents are numerous and often lead to unfortunate consequences such as bodily injuries. As you may already know, road accidents in Quebec fall under the jurisdiction of the Société de l’assurance automobile du Québec (SAAQ).
En effet, the law provides that it is the SAAQ's responsibility to compensate you for harm caused by a road accident. So, how does the procedure with the SAAQ unfold and what compensation can be granted? JuriGo explains everything you need to know about compensation for bodily injury following a car accident - we even refer you to the best administrative law lawyers to lend you a helping hand!
Compensation for bodily injury from the SAAQ
The SAAQ is the entity responsible for granting or denying compensation associated with a road accident in the vast majority of cases. In Québec, according to Article 5 of theAutomobile Insurance Act, the automobile accident compensation system is a "no-fault" liability system, meaning that the SAAQ grants compensation without regard to anyone's liability.
But what is the scope of the Automobile Insurance Act? It has an extraterritorial scope, which means that even accidents that occur outside of Quebec may be compensated by the SAAQ. So, if you are a resident of Quebec and you suffer bodily injury as a result of a car accident, you are entitled to compensation regardless of where the accident occurred.
When an accident occurs in Quebec involving a victim who does not reside there, they have the right to be compensated but only up to their liability in the accident, unless there is an agreement between the SAAQ and the government of their place of residence.
Who are the individuals targeted by the Automobile Insurance Act?
The victims referred to by the law are individuals who suffer bodily harm in a road accident. Therefore, indirect victims are not covered by the Automobile Insurance Act.
By indirect victim, we can give as an example the person who suffers damages because one of their loved ones was a victim of an accident. "By ricochet" victims cannot be compensated by the law, except to receive a death benefit if the direct victim dies from the accident.
What types of accidents are covered by the Automobile Insurance Act?
Attention, not all road accidents are considered automobile accidents entitling compensation under the Automobile Insurance Act. First of all, the accident must involve a motor vehicle, meaning a vehicle propelled by a force other than muscular power and designed for use on public roads but not on rails.
Thus, cars, buses, taxis, and motorcycles are included in the definition of "automobile", but not trains and bicycles. Obviously, if the accident involves a car and a bicycle, the Automobile Insurance Act will apply.
However, it's important to note that some bicycle accidents can be considered as car accidents under the law. For example, let's imagine a cyclist who falls into a ravine and suffers serious injuries because they were destabilized by the sudden appearance of a car. The same goes for a cyclist who falls while trying to avoid a car. In these cases, compensation from the SAAQ may be available.
It's interesting to note that you don't necessarily have to be inside a car for it to be considered a car accident under the law. So, a person who slips on an icy patch while getting out of their car is a victim of a car accident under the Automobile Insurance Act. The same goes for a person who injures themselves while shoveling their car. Of course, pedestrians are also victims entitled to compensation when they are injured by a car.
Certain exceptions are specifically provided for by law. First, if the vehicle is not in motion on a public road and the damage was caused by a device attached to the car and capable of independent operation, the victim will not be compensated. An independently operated device is a device that is not normally used for the basic operation of a car.
Finally, the law provides that no one can be compensated if the accident occurs due to a competition, show or car race on a closed course or terrain, permanently or temporarily closed to all car traffic, whether the car causing the damage participated in this event or not.
How to obtain compensation from the SAAQ?
To start, it is important to file your claim with the SAAQ within three years of the accident to meet the deadline for prescription. The SAAQ will then analyze your file to determine the severity of your injury.
The SAAQ will look to determine if you have suffered a permanent impairment to one or more of the 25 functional units that it recognizes, for example:
- Vision, hearing, taste and smell;
- Manual dexterity;
- Cutaneous sensitivity of the skull, face, neck, trunk, genital organs and upper limbs;
- Balance.
So it's very important, at this stage, to make sure that your permanent sequels have been properly established by the SAAQ and, if not, contest the SAAQ's decision. The evaluation of your permanent sequels is very important, because it is the starting point that will determine your ability to perform your job.
To assess bodily injury and the compensation related to it, the SAAQ relies on the provisions contained in the Regulation respecting lump-sum compensation for non-pecuniary damage . For the purpose of the evaluation, you must be consolidated, meaning that your injuries do not have to be completely healed, but stabilized.
The Regulation on which the SAAQ is based contains different severity classes that can be assigned to each functional unit that has been impacted by the accident. The severity class is established based on the harm suffered that has the most severe impact on the victim for each affected functional unit. The severity class identified by the SAAQ will also be used to assess your ability to reintegrate into your job.
Is it possible to contest a decision from the SAAQ?
It is possible to contest a decision from the SAAQ at any point in the process, whether it be regarding the evaluation of permanent impairments or your ability to return to work. In this case, it is important to contact a lawyer as soon as possible so that they can assist you in your contestation process.
JuriGo can help you find a lawyer who can assist you in your claims with the SAAQ!
Automobile accidents are not a fun experience, especially when they involve bodily injuries. It is essential to know your rights regarding compensation for bodily harm when you are involved in a road accident. In fact, it is possible to file a claim with the SAAQ if your situation meets the criteria described above.
It is highly recommended to seek the assistance of a lawyer when filing a claim with the SAAQ, as they can help you receive compensation for your damages.
Have you been injured in a car accident and want to be compensated? Don't worry, JuriGo can help you find a lawyer who can assist you in preparing your claim with the SAAQ.
You just need to fill out the form at the bottom of the page and we will connect you with a lawyer in your area, all for free and with no obligation!