Deadlines for Motor Vehicle Claims in Alberta
posted in: Personal Injury
Deadline / Statute of Limitation for Motor Vehicle Lawsuits
If you have suffered an injury in a motor vehicle accident, then you may have a claim for damages against the negligent driver. This claim can include compensation for the injury, pain and suffering, and loss of earnings, as well as other future care needs.
If you are successful, the at-fault driver’s insurance company will pay a number of damages awarded by a court, or in settlement discussions, up to the maximum of the insurance policy. Most lawsuits from car accidents are settled out of court.
In most cases, you generally have two years to sue the at-fault driver in Alberta. However, there are situations when this limitation period can be extended.
There are several deadlines or statute of limitations details you have to be aware of in Alberta before starting your claim process. We review these for you below.
Deadline / Statute of Limitation for Section B Accident Benefit Claim
- You will need to report to your own insurance company for no-fault Section B Accident Benefits for medical care, prescriptions, supplemental and disability claim with a 2-year limitation from a motor vehicle accident for both tort and no-fault accident benefits.
- Infant claims have until age 18 for the two year statute of limitations to begin for at-fault tort claims and these must involve the Public Trustee Office.
- Section B no-fault accident benefits limitation is still 2 years from the motor vehicle accident for infant claims.
Deadline / Statute of Limitation With Infant / Minor Claim Settlements
- Limitation dates for infant claims (also called minor claims) are different for no-fault accident benefits and tort claims.
- No-fault accident benefits claim is 2 years from a motor vehicle accident while a tort claim for infants is 2 years after the infant reaches the age of 18.
- Structured settlements are recommended for larger infant claims, and these involve parents, Office of the Public Trustee and Court approval.
- Annuities are recommended rather than a large lump sum at age 18.
Infant / Minor Claim Awards Over $10,000 With the Public Trustee
- Anyone under the age of 18 is a minor and these claims are called infant or minor claims which must involve the Public Trustee.
- Parents and guardians can make personal decisions for minors about things like education, medical care, and social activities.
- However, they don’t automatically have the power of attorney to receive and manage money or property for a minor.
Office of Public Trustee in Alberta for Infant / Minor Claim Settlements
The Office of Public Trustee in Alberta makes decisions for individuals who are unable to make personal and non-financial decisions for themselves. It acts for and administers the property of represented adults, minor children and deceased persons, when it is the most appropriate provider for support and protection.
Accident Claim Deadlines and How Injury Lawyers Can Help
If you are in an accident, the clock starts ticking and you have only two years to start legal proceedings (with certain exceptions). An experienced Alberta personal injury lawyer will complete all the documents you need and make sure they are filed on time. KMSC offers a free, no obligation consultation where we listen to your story and tell you the strengths and weaknesses of your case and explain your legal options. To read more about our areas of expertise and how we can help, please visit our Personal Injury Law page.