Debunking Common Myths About Car Accident Claims in Alberta
Car accidents are stressful and can leave you feeling overwhelmed. Dealing with legal processes and communicating with insurance companies on your own can be challenging. To make matters worse, there is a sea of misinformation on the Internet and social media about car accident claims in Alberta. These myths can lead to confusion, added stress, and harming your case.
In this article, we intend to debunk some of the most common myths about car accident claims in Alberta so you can navigate the process with confidence.
Myth 1: If You’re Partly At-Fault, You Aren’t Entitled to Accident Benefits Coverage and Can’t File a Claim
Fact: Even if you’re partially or entirely responsible for an accident, you can still receive accident benefits and file a claim for your injuries and damages.
According to the provincial government’s information for insurance consumers, if you have been injured in an automobile accident in Alberta, you are entitled to accident benefits coverage regardless of whether you were at-fault for the accident.
Accident benefits, also referred to as “Section B” benefits are intended to provide immediate assistance to injured car accident victims. This includes medical benefits such as physiotherapy, chiropractic treatments and massage therapy. Section B benefits also provide disability benefits for lost income.
Myth 2: You Don’t Need to Report Minor Accidents
Fact: You should report all accidents, even minor ones
In Alberta, you are legally required to report a car accident to the police in these circumstances:
- if anyone is injured;
- if any driver does not have documentation such as a driver’s license, registration or insurance;
- if one or more of the vehicles isn’t drivable, and;
- if the involved vehicles have $5,000 or more combined damage, you must go to a police station and file a Collision Report Form.
However, even if the accident seems minor, filing a police report and notifying your insurance company is always a good idea. Sometimes, injuries like whiplash or soft tissue damage don’t show up immediately but may develop over time. Reporting the incident ensures you’re covered if problems arise down the line.
Call 911 if anyone is seriously injured or you believe another driver may be guilty of a criminal offence, like impaired driving. If police attend the accident scene, ask them for a copy of their report or the file number for your case.
Myth 3: You Can’t Claim Compensation for Pain and Suffering
Fact: You can claim compensation for non-economic damages (pain and suffering) in Alberta. Damages for pain and suffering are intangible and depend on your injuries and the impact on your life
In Alberta, compensation for pain and suffering may be “capped” for minor injuries at about $6,000. Injuries that are deemed “serious” or “non-minor” would not be subject to this cap. It is important to seek appropriate medical treatment and follow recommendations of doctors and healthcare providers. This can be used as evidence to prove your injuries are not minor.
Examples of pain and suffering that can result from a motor vehicle accident can include (but are not limited to):
- Difficulty performing everyday tasks
- Reduced physical ability
- Impaired sexual function
- Feelings of depression and heightened anxiety
- Impact on relationships
- Reduced social interaction
Pain and suffering is just one aspect of a motor vehicle accident case. Without proper advice, navigating the process can be difficult. The best thing to do for your health and your case is to speak with an experienced car accident lawyer.
Myth 4: You Don’t Need Medical Documentation If You Feel Fine
Fact: Always seek medical attention after an accident, even if you feel OK at first.
Some injuries, such as soft tissue damage, don’t show symptoms immediately but can develop and worsen over time. Seeing a doctor right away not only ensures you get the treatment you need, but also creates a record of your injuries, which is crucial for your claim.
Without medical documentation, it’s much harder to prove that your injuries are related to the accident.
If an injury does present itself over time, make sure to have the following information to support your claim:
- Medical records
- Results of medical examinations
- Medical prognosis
- Proof of ongoing medical treatment
- Statements from attending physicians
In general, the more medical documentation that you have on hand, the better supported your case will be.
Myth 5: The At-Fault Driver’s Insurance Will Automatically Cover All Your Expenses
Fact: The at-fault driver’s insurance may not fully cover your damages, especially if they have limited liability coverage.
According to the Insurance Bureau of Canada, drivers in Alberta are required to carry a minimum of $200,000 in third-party liability, Direct Compensation Property Damage (DCPD), and accident benefits coverage. While this might sound like a lot, it’s often not enough to cover serious injuries, lost wages, and other expenses. If the at-fault driver’s coverage falls short, you may need to rely on your own insurance policy to make up the difference.
Myth 6: You Can Wait as Long as You Want to File a Claim
Fact: There are strict time limits for filing car accident claims in Alberta.
In Alberta, the statute of limitations for personal injury claims is generally 2 years from the date of the accident. If you miss this deadline, you may lose your right to seek compensation. That said, there are exceptions, such as if the injured person is a minor or if the injuries aren’t discovered right away.
In some cases, such as slip and fall accidents against municipalities, notice of your intention to bring a claim must be given within 21 days.
To avoid complications with your claim, it’s best to act quickly and consult a lawyer as soon as possible after the accident.
Myth 7: The Claims Process Is Quick and Straightforward
Fact: Car accident claims can take months—or even years—depending on the complexity of the case.
While many minor claims are resolved quickly, more serious cases involving significant injuries or disputes over fault can take more time. Insurance companies often require extensive documentation, including medical reports, accident reconstructions, and witness statements. Having an Alberta car accident lawyer on your side can help streamline the process and ensure you don’t miss important deadlines and submit all necessary documents. Your legal representative can also deal with any communications with your insurance company about your auto accident claim.
Myth 8: You Must Accept the First Settlement Offer
Fact: You’re not obligated to accept the first offer from the insurance company.
Insurance companies often make quick, lowball settlement offers in the hope that you’ll accept without question (and without consulting a lawyer). While the money might seem appealing, especially if you’re facing medical bills and lost wages, it’s usually not enough to cover all your expenses. Take the time to review the offer carefully, consult with a lawyer, and consider the full extent of your injuries before agreeing to any settlement.
Myth 9: You Can Handle Everything on Your Own
Fact: While it’s possible to handle a car accident claim yourself, having professional guidance can make a big difference.
The claims process can be complex, and insurance companies often have teams of adjusters and lawyers working to protect their interests. Without legal expertise, you might miss out on the full compensation you’re entitled to and need after your accident. An Alberta car accident lawyer can level the playing field, handle negotiations, and ensure your rights are protected throughout the process.
Myth 10: Hiring a Lawyer Is Too Expensive
Fact: Our Alberta personal injury lawyers work on a contingency-fee basis, meaning you don’t pay unless we win your case.
The idea that legal help is unaffordable keeps many people from seeking the proper support they need. The outcome of every case turns on its specific facts and past results do not indicate future performance. However, our experience has been that working with a lawyer can often result in a higher settlement, even after legal fees are deducted. Plus, a lawyer can handle the complex paperwork and negotiations, allowing you to focus on your recovery and well-being instead of dealing with insurance adjusters.
Contact Our Law Firm Today for a Free Consultation
Car accident claims in Alberta can be confusing, especially with so many myths and misconceptions floating around. By separating fact from fiction, you’ll be better prepared to handle the claims process and secure the compensation you deserve.
If you or someone you know has recently been in a motor vehicle accident, contact our law firm for a free consultation with one of our Alberta motor vehicle accident lawyers. During this consultation you can ask our legal team if your claim is worth pursuing, how long it may take to settle and other questions you may have.
Please call us toll-free at 1-888-494-7191 any time to book a free initial consultation or visit our downtown Calgary office to discuss your auto collision. We look forward to hearing from you.
