The Régie de l’Assurance Automobile du Québec (or SAAQ) is a statutory program aimed at compensating the victims of bodily injuries caused by a road traffic accident. Since such injuries are no longer covered under basic civil law, the program stands as the only option a victim has in order to obtain compensation.
Whereas the SAAQ ensures the application of the Highway Safety Code, Contrôle Routier Québec (CRQ) (an agency that reports directly to the Ministry of Transportation) regulates road transport and ensures the enforcement of all laws and standards published on the matter.
Whether or not you are responsible for a road traffic accident that occurred within the province of Québec (and provided that the accident in question is covered under the program), you are eligible for compensation by the SAAQ. The benefits paid to victims are governed by the provisions of the Automobile Insurance Act and of several rules and guidelines adopted under the latter’s authority.
Benefits paid by the SAAQ
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Loss of income
The victim of a road traffic accident who is unable to work (or at least to perform their usual duties) may receive compensation for loss of income. Paid every fourteen (14) days, the benefits can (subject to a maximum amount) reach ninety percent (90%) of the victim’s net salary and wages. They will be paid for as long as the individual remains unable to work on account of the accident.
Whenever the victim is unable to perform their usual duties on account of functional limitations but remains able to carry out other tasks, compensation will be paid for three (3) years. Once that delay expires, the SAAQ determines what type of job the individual could perform and pays residual benefits if it turns out that such job would generate less income than the previous one.
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Non-pecuniary loss
Non-pecuniary loss is taken into consideration whenever the road traffic accident caused harm (i.e. injuries, pain, loss of enjoyment, etc.) that significantly impacted the victim’s quality of life.
Also known as « compensation for loss of quality of life », the benefits are paid once all aftereffects have been assessed and classified according to severity. As of 2020, the maximum amount payable under this item is 256 383$.
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Costs associated with travelling, lodging, and treatment
Fees and costs associated with medical and paramedical care, travelling, and lodging are fully reimbursed by the SAAQ insofar as such services have been medically prescribed and are provided by a physician, a dentist, a psychologist, or any other healthcare provider recognized by the Professional Code.
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Personal assistance and availability allowance
Victims of an accident who experience difficulty taking care of themselves or carrying out daily activities (whether it be on account of physical or psychological constraints) are entitled to in-home assistance for a certain period of time.
Whenever the victim requires the assistance of an escort on account of their age, psychological state, or overall physical condition, said escort is entitled to an availability allowance as well as to the reimbursement of their travelling and lodging expenses.
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Death benefits
As some road traffic accidents bring about a loss of lives, the family of a deceased victim is entitled to death benefits paid as a lump sum. In 2020, such benefits could not drop below 73 115$ or reach more than 392 500$.
Challenging a ruling made by the SAAQ
If you have been the victim of a road traffic accident and are dissatisfied with the decision the SAAQ took in regards to the compensation of your injuries, you have the right to challenge the merits of that decision.
First and foremost, you must file a written application for review within sixty (60) days of receipt of the SAAQ’s ruling. To ensure that your application clearly underlines the injuries, aftereffects, and consequences you were left with following the accident, make sure you include relevant and credible pieces of evidence such as medical and expert reports.
« Experience » and « Thoroughness » are the cornerstones of any successful filing of an application with the SAAQ. As soon as you can following a road traffic accident, you must meet with an expert in order to determine whether or not (i) you have sustained any kind of health problems, and (ii) aftereffects are foreseeable and treatment is desirable. The expert might also comment on a victim’s chances of returning to work based on specific arguments, documents, and assessments.
Once it has received an application for review, the SAAQ has ninety (90) days to rule upon it. Should the reviewer request additional information, documents, or medical assessments, the delay might be extended.
The reviewer might confirm the decision taken the SAAQ (i.e. reject the application for review). They might also fail to issue a ruling within the prescribed ninety (90)-day delay. In either case, the victim can petition the Tribunal administratif du Québec. As the latter’s rulings are final, definite, and unappealable, you must make sure to submit ironclad proceedings and evidence.
Tricks of the trade
- Entrusting the management of your case to a specialized attorney will greatly increase your chances of success;
- Write down (or record) all consultations and conversations;
- Store all your documents and medical records in a safe place;
- Keep up-to-date on your specific situation (particularly by consulting experts and browsing the Internet);
- Whenever you meet with professionals, be proactive and assertive. Show them you know your rights!
- Should you ever find mistakes in your medical records, report them and request that they be corrected immediately;
- Should decisions not reflect the information and evidence found in your case, request that they be reviewed;
- Proceed with care and caution in order to avoid surprises.
If you wish to challenge a ruling made by the SAAQ (or have any other questions on the matter), feel free to contact the Accident Solution legal team. Your well-being will always remain our priority.
