As an injured passenger in a Calgary car accident, you are generally not at fault. You can access up to $50,000 CAD in immediate Section B medical benefits and have the right to file a bodily injury claim against whichever driver caused the crash.
If you are wondering what happens if you are injured as a passenger in a car accident in Calgary, you are not alone. Many people feel helpless when they are hurt in a vehicle they were not controlling. The good news is that under Alberta law, passengers have very strong legal rights and multiple avenues for financial compensation.
Because a passenger rarely contributes to the cause of a motor vehicle accident, establishing liability is usually much simpler. 🚗 Whether the at-fault driver was a stranger in another vehicle or the friend whose car you were riding in, you are entitled to have your medical bills, lost wages, and pain and suffering covered by insurance.
Step-by-Step Process in Calgary
Navigating the claims process as a passenger involves interacting with specific insurance policies. Whether the crash happened on Macleod Trail or in a local parking lot, the following steps generally apply to injured passengers in Alberta.
Step 1: Get Immediate Medical Treatment
Just like any accident victim, your first priority is your health. 🏥 Visit a doctor or a hospital in Calgary immediately to document your bodily injuries. Prompt medical records are the foundation of any successful personal injury claim.
Step 2: Access Section B Accident Benefits
In Alberta, every standard auto insurance policy includes Section B no-fault benefits. As a passenger, you will claim these benefits through the insurance policy of the vehicle you were riding in, regardless of who caused the crash. This covers immediate treatments like physiotherapy, chiropractic care, and some lost wages, typically up to $50,000 CAD.
Step 3: File a Claim Against the At-Fault Driver
To recover full compensation for long-term damages and pain and suffering, your law firm will file a claim against the at-fault party. ▲ If the driver of your vehicle was at fault, you will make a claim against their insurance. If the other vehicle’s driver was at fault, the claim goes against their policy. If liability is shared, your lawyer can file a Statement of Claim at the Court of King’s Bench naming both drivers.
How Much Does it Cost in Calgary?
Pursuing an injury claim as a passenger does not require you to pay large upfront legal fees. Law firms in Calgary work on a structure designed to help injured people access justice.
| Section B Medical Coverage | Available immediately to cover medical treatments like massage and physio. | Up to $50,000 CAD |
| Lawyer Contingency Fees | Your lawyer’s payment for their labour, taken only if you win a settlement. | 30% to 33% of Settlement |
| Disbursements | Out-of-pocket costs for expert reports, covered upfront by your lawyer. | $1,000 to $5,000+ CAD |
How Long Does the Process Take?
Passenger injury claims typically take anywhere from 1 to 3 years to fully settle in Alberta. ⌛ The timeline depends heavily on how long it takes you to recover. You should never settle your case until you have reached Maximum Medical Improvement (MMI), ensuring all your future needs are accounted for.
Frequently Asked Questions (FAQ)
Can I sue the driver of the car I was riding in?
Yes. If the driver of the vehicle you were in caused the accident, you have the legal right to file a claim against their insurance policy to recover your damages.
Will suing my friend or family member ruin them financially?
No. When you file a bodily injury claim, you are actually seeking compensation from their auto insurance company, not their personal bank account. While their insurance premiums may increase, this is standard after any at-fault accident.
What if both drivers share the blame for the crash?
If both drivers are found partially at fault, your personal injury lawyer will simply pursue compensation from both insurance companies based on their respective percentages of liability.
What if I wasn’t wearing a seatbelt at the time of the accident?
If you were not wearing a seatbelt, you can still file a claim. However, your total settlement may be reduced by a certain percentage (known as contributory negligence) because failing to wear a seatbelt may have worsened your injuries.
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