Section B Benefits Lawyers Calgary
If you have been injured in a motor vehicle accident, recovering from your injuries can be extremely expensive. From lost wages to treatment costs, unless you have been through it, few people can appreciate the costs associated with accident-related injuries. Unfortunately, chances are you may not be financially prepared for the costs that follow an injury-causing collision.
According to data released by the Government of Alberta’s Ministry of Transportation and Economic Corridors, nearly 12,000 community members across the province were injured as the result of a motor vehicle accident. In addition, hundreds more road-users lost their lives in fatal collisions throughout the province.
Even if you have sustained minor or moderate injuries in a motor vehicle collision, you could feel the disruptive and costly impacts of your injuries for weeks, months, or even years. You may incur substantial financial losses related to medical treatment, physiotherapy, psychological treatment, home modifications, lost wages, reduced future earning capacities, and more. Regardless of who was at-fault for the collision, you could find themselves coping with physical, emotional, psychological, and financial hardships.
What is Section B insurance
If you have been injured in an Alberta motor vehicle accident you should be entitled to Section B benefits. Also referred to as “no-fault accident benefits,” Section B benefits are intended to offset the costs of certain injury-related expenses, regardless of who was responsible for causing the collision to occur.
Alberta has private insurance. The government regulates the motor vehicle insurance coverage provided by private insurers by requiring standard motor vehicle insurance contracts, the wording of which is legislated. This legislated motor vehicle insurance requires all insurers who are selling insurance in Alberta to include these no-fault benefits under Section B.
Not only is Section B a forced insurance product that all insurers must provide, but the benefit also covers classes of people broader than just the owners of the cars who purchased the policy. It covers the passengers of motor vehicles, as well as pedestrians and cyclists who are struck by motor vehicles.
That means that if you sustained injuries in a motor vehicle accident– whether you are a motor vehicle operator, their passenger, cyclist, or pedestrian – should be able to access insurance coverage to compensate you for certain financial losses incurred as a result of your injuries.
Section B benefits can provide much-needed financial support to injured survivors of motor vehicle collisions. Unfortunately, not all Section B benefits claims are approved by insurance providers. Furthermore, depending on the severity of the injuries sustained by a car accident survivor, the amount of benefits they may be able to access might not come close to replacing their total injury-related losses.
By working with our Calgary Section B benefits lawyers, if you are the victim of a motor vehicle accident we may be able to recover the compensation they are rightfully owed. To learn how our Section B benefits lawyers may be able to assist with your case, contact us today and book a free initial consultation.
How Much Compensation Do Section B Benefits Provide?
Alberta’s Insurance Act is the governing legislation under which the Automobile Accident Insurance Benefits Regulation was enacted to legislate the amounts of insurance coverage that should be made available to car accident victims, depending on the severity of their injuries.
The Automobile Accident Insurance Benefits Regulation references and operates in conjunction with the Diagnostic and Treatment Protocols Regulation. Between these regulations the government has legislated a scheme for no-fault accident benefits. These regulations importantly differentiate between minor injuries – such as sprains, strains, and whiplash associated disorders – and non-minor injuries.
For minor injuries, the Diagnostic and Treatment Protocols Regulation could apply, if you so choose. The benefit of receiving treatment under the Diagnostic and Treatment Protocols Regulation is the benefits are required to be paid by your insurer for up to 21 medical, physical therapy, chiropractic, and adjunct therapy visits attended within 90 days of the accident. After that if you want more treatment under the Diagnostic and Treatment Protocol Regulation it must be approved by your insurer. To have the Protocol apply, you must complete a prescribed form and send to the insurer within 10 business days.
The Diagnostic and Treatment Protocols Regulation are an enhanced benefit and in theory does not limit your rights. However, since it allows for arguably faster access to treatments though it may provide an incentive for the diagnosis of “minor injuries” at an early stage to the exclusion of more serious diagnosis. For example, there are grades of Whiplash Associated Disorder. Grades 1 and 2 are covered by the Diagnostic and Treatment Protocols Regulation and may be “minor injuries” which can limit your non-pecuniary claim in the fault-based lawsuit. Grade 3 Whiplash Associated Disorder is not covered by the Diagnostic and Treatment Protocols Regulation and is not a “minor injury.” Doctors and treatment providers can vary in their assessment of which grade of Whiplash Associated Disorder a patient has. If a grade 2 diagnosis allows their patient to access treatment right away at the insurer’s expense, and a grade 3 diagnosis requires the patient to incur the expense of treatment and then seek reimbursement, that practitioner may have an underlying bias to diagnose grade 2 whiplash associated disorder in a borderline case.
The protocol does not apply to people with minor injuries who did not elect to follow the protocol, those who did but have exhausted the treatments or are also seeking certain treatments not covered by the protocol, and those with non-minor injuries.
For all situations outside the Diagnostic and Treatment Protocols Regulation, you still have access to the out-of-protocol Section B benefits. These benefits provide up to $50,000 in medical expenses per person within two years of the accident. There are specific limits on certain treatments, such as massage, acupuncture, and chiropractic treatments. There is also a limit the expenses must be reasonable.
If you have been injured in a motor vehicle accident in Calgary, our Section B benefits lawyers can help. We provide free consultations with no obligations.
Types of Expenses Covered by Section B Benefits
If you are entitled to Section B benefits, then you are covered up to a maximum of $50,000 over the course of two years after the accident. These benefits can be put towards reasonable costs incurred because of their injuries, including:
- Medical expenses
- Surgery
- Chiropractic treatment
- Dental work
- Hospital accommodations
- Psychological counseling
- Physical therapy
- Occupational therapy
- Massage therapy
- Acupuncture
- Professional nursing and ambulance services
- Medically necessary equipment
- Home and vehicle modifications
- Other services essential to the accident victim’s recovery
In addition to the medical expense benefits, if you have suffered disabling injuries you may be entitled to disability benefits through Section B coverage, as well. If you were employed at the time of the collision or, if you weren’t employed at the time of the accident then you were employed for at least six months in the previous year, and can no longer perform any and every duty of their occupation as a result of their injuries, they could be entitled to the lesser of:
- $600 per week
- 80% of the accident victim’s average gross weekly earnings, minus payments for loss of employment income
These disability benefits payments can be made available for up to 104 weeks.
If you are not employed at the time of the accident but are still rendered incapacitated and unable to perform any of your household duties are eligible to receive up to 200 per week for 104 weeks.
Section B benefits for medical and disability benefits are excess insurance to any extended health benefits you may have through another insurer. That means that you should apply for benefits through other insurance first, and if that insurance either does not cover you or only partially covers your expenses then Section B benefits may become payable.
In the unfortunate event of a car accident resulting in a fatality, Section B benefits can provide:
- Up to $6,150 for funeral service expenses
- Up to $500 per household member for grief counselling
- Up to $10,000 in death benefits
Accident victims who have been injured in hit and run accidents or in collisions caused by uninsured drivers may also be able to access insurance coverage to help with their recovery. If the person responsible for your collision fled the scene or did not have auto insurance, you may be able to recover payment for injury-related costs you have incurred through the province’s Motor Vehicle Accident Claims Program (MVAC).
Why Work with a Calgary Section B Benefits Lawyers?
Accessing Section B benefits can be an essential component of an injured accident survivor’s recovery. Unfortunately, what should be a straightforward process is often confusing, complicated, and frustrating.
Insurance providers often find reasons to deny claims for Section B benefits, withhold or delay payments, or offer unfairly low settlement amounts that do not take the full spectrum of a car accident survivor’s injuries into account. The reasons for these decisions are often difficult to comprehend.
That is why it is so important to take advantage of a free initial consultation with our Alberta Section B benefits lawyers as soon as possible. After being injured in a motor vehicle accident, our Section B benefits lawyers may be able to help you complete and file your insurance claim thoroughly and accurately. In the event that your claim is denied or the benefits offered to you are unfairly low, our Calgary Section B benefits lawyers may be able to represent your best interests in negotiations with your insurance provider and fight for fair compensation on your behalf throughout any and all ensuing legal proceedings.
Contact us today and schedule your free initial consultation.
Contact Preszler Injury Lawyers Today
Our Calgary Section B benefits lawyers are committed to helping the clients we represent receive the fair treatment they are rightfully owed. To review your situation and learn more about how Preszler Injury Lawyers may be able to assist you, book your free initial consultation with our legal team today.
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