Understanding personal injury claims.

• Author: Waller, Adrienne

When you are involved in a car accident, there are a number of things you should know, but unfortunately, this information is not readily available. This article discusses what you need to know about personal injury claims long before you even think about hiring a lawyer.

Our legal system is built on the belief that those injured by the carelessness of others have a fundamental right to be fully compensated for their injuries. This right is enshrined in what is known as tort law.

If you are injured in a car accident, and the accident was not your fault, you have the right to sue the owner and driver of the other vehicle for damages. These damages are paid to you by the other driver's insurance company. Tort law does not compensate the other driver for any injury he or she may have suffered as a result of causing the car accident. However, separate from tort law, all automobile insurance policies sold in Alberta provide for me payment of accident and disability benefits. Unlike tort law, both you and the driver of the other vehicle are entitled to receive the same accident and disability benefits.

Accident and Disability Benefits

The accident and disability benefits payable are provided under Section B of the Alberta Standard Automobile Policy. In mot provinces, there is a similar section and it would be useful to look at that section while reading this article.

Medical Benefits

The medical benefits are paid if you sustain bodily injury "directly and independently of all other causes arising from the use or operation of the automobile". This section of your car insurance policy covers all reasonable medical expenses incurred within two years from the date of the accident, but only if the expenses are essential for your treatment and rehabilitation. Both your doctor and your insurance company's medical adviser have to agree that the treatment is essential in order for your medical expenses to be reimbursed. The maximum recovery under Section B for medical expenses is $10,000 per person with a limit of $500 per person for chiropractic treatment.

Disability Benefits

Total disability benefits are paid if you were employed at the time of the accident and are "wholly and continuously disabled" as a result of the injuries you sustained. You will not be considered disabled unless, within 60 days of the accident, your injuries prevent you from "performing any and every duty pertaining to your occupation or employment". You have to be completely...